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104th Congress                                            Rept. 104-469
                       HOUSE OF REPRESENTATIVES 
2d Session                                                       Part 1
_______________________________________________________________________


 
             IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

                               ----------                              

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2202

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]




                 March 4, 1996.--Ordered to be printed
            IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995
104th Congress 2d SessioHOUSE OF REPRESENTATIVES    Rept. 104-469
                                                        Part 1
_______________________________________________________________________

                                     



                          IMMIGRATION IN THE

                     NATIONAL INTEREST ACT OF 1995

                               __________

                              R E P O R T

                                 of the

                       COMMITTEE ON THE JUDICIARY
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 2202

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

      [Including cost estimate of the Congressional Budget Office]




                 March 4, 1996.--Ordered to be printed

                            C O N T E N T S

                              ----------                              
                                                                   Page
The Amendment....................................................     1
Explanation of Amendment.........................................   106
Purpose and Summary..............................................   106
Background and Need for Legislation..............................   110
Hearings.........................................................   182
Committee Consideration..........................................   182
Vote of the Committee............................................   182
Committee Oversight Findings.....................................   205
Committee on Government Reform and Oversight Findings............   205
New Budget Authority and Tax Expenditures........................   205
Congressional Budget Office Cost Estimate........................   205
Inflationary Impact Statement....................................   218
Section-by-Section Analysis and Discussion.......................   219
Agency Views.....................................................   278
Changes in Existing Law Made by the Bill, as Reported............   282
Additional/Minority Views........................................   512
                                                                       
104th Congress                                            Rept. 104-469
                        HOUSE OF REPRESENTATIVES

 2d Session                                                      Part 1
_______________________________________________________________________


            IMMIGRATION IN THE NATIONAL INTEREST ACT OF 1995

_______________________________________________________________________


                 March 4, 1996.--Ordered to be printed

                                _______


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 2202]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2202) to amend the Immigration and Nationality Act to 
improve deterrence of illegal immigration to the United States 
by increasing border patrol and investigative personnel, by 
increasing penalties for alien smuggling and for document 
fraud, by reforming exclusion and deportation law and 
procedures, by improving the verification system for 
eligibility for employment, and through other measures, to 
reform the legal immigration system and facilitate legal 
entries into the United States, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT; 
                    TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Immigration in the 
National Interest Act of 1995''.
  (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided--
          (1) whenever in this Act an amendment or repeal is expressed 
        as the amendment or repeal of a section or other provision, the 
        reference shall be considered to be made to that section or 
        provision in the Immigration and Nationality Act, and
          (2) amendments to a section or other provision are to such 
        section or other provision as in effect on the date of the 
        enactment of this Act and before any amendment made to such 
        section or other provision elsewhere in this Act.
  (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendments to Immigration and Nationality Act; 
table of contents.

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

Sec. 101. Border patrol agents and support personnel.
Sec. 102. Improvement of barriers at border.
Sec. 103. Improved border equipment and technology.
Sec. 104. Improvement in border crossing identification card.
Sec. 105. Civil penalties for illegal entry.
Sec. 106. Prosecution of aliens repeatedly reentering the United States 
unlawfully.
Sec. 107. Inservice training for the border patrol.

                       Subtitle B--Pilot Programs

Sec. 111. Pilot program on interior repatriation.
Sec. 112. Pilot program on use of closed military bases for the 
detention of inadmissible or deportable aliens.
Sec. 113. Pilot program to collect records of departing passengers.

                    Subtitle C--Interior Enforcement

Sec. 121. Increase in personnel for interior enforcement.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for alien smuggling investigations.
Sec. 202. Racketeering offenses relating to alien smuggling.
Sec. 203. Increased criminal penalties for alien smuggling.
Sec. 204. Increased number of Assistant United States Attorneys.
Sec. 205. Undercover investigation authority.

                Subtitle B--Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of 
government-issued documents.
Sec. 212. New civil penalties for document fraud.
Sec. 213. New civil penalty for failure to present documents and for 
preparing immigration documents without authorization.
Sec. 214. New criminal penalties for failure to disclose role as 
preparer of false application for asylum and for preparing certain 
post-conviction applications.
Sec. 215. Criminal penalty for knowingly presenting document which 
fails to contain reasonable basis in law or fact.
Sec. 216. Criminal penalties for false claim to citizenship.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221. Criminal forfeiture for passport and visa related offenses.
Sec. 222. Subpoenas for bank records.
Sec. 223. Effective date.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300. Overview of changes in removal procedures.
Sec. 301. Treating persons present in the United States without 
authorization as not admitted.
Sec. 302. Inspection of aliens; expedited removal of inadmissible 
arriving aliens; referral for hearing (revised section 235).
Sec. 303. Apprehension and detention of aliens not lawfully in the 
United States (revised section 236).
Sec. 304. Removal proceedings; cancellation of removal and adjustment 
of status; voluntary departure (revised and new sections 239 to 240C).
Sec. 305. Detention and removal of aliens ordered removed (new section 
241).
Sec. 306. Appeals from orders of removal (new section 242).
Sec. 307. Penalties relating to removal (revised section 243).
Sec. 308. Redesignation and reorganization of other provisions; 
additional conforming amendments.
Sec. 309. Effective dates; transition.

                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321. Removal procedures for alien terrorists.

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

        ``Sec. 501. Definitions.
        ``Sec. 502. Establishment of special removal court; panel of 
                        attorneys to assist with classified 
                        information.
        ``Sec. 503. Application for initiation of special removal 
                        proceeding.
        ``Sec. 504. Consideration of application.
        ``Sec. 505. Special removal hearings.
        ``Sec. 506. Consideration of classified information.
        ``Sec. 507. Appeals.
        ``Sec. 508. Detention and custody.
Sec. 322. Funding for detention and removal of alien terrorists.

   Part 2--Inadmissibility and Denial of Relief for Alien Terrorists

Sec. 331. Membership in terrorist organization as ground of 
inadmissibility.
Sec. 332. Denial of relief for alien terrorists.

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

Sec. 341. Definition of stowaway.
Sec. 342. List of alien and citizen passengers arriving.

                   Subtitle D--Additional Provisions

Sec. 351. Definition of conviction.
Sec. 352. Immigration judges and compensation.
Sec. 353. Rescission of lawful permanent resident status.
Sec. 354. Civil penalties for failure to depart.
Sec. 355. Clarification of district court jurisdiction.
Sec. 356. Use of retired Federal employees for institutional hearing 
program.
Sec. 357. Enhanced penalties for failure to depart, illegal reentry, 
and passport and visa fraud.
Sec. 358. Authorization of additional funds for removal of aliens.
Sec. 359. Application of additional civil penalties to enforcement.
Sec. 360. Prisoner transfer treaties.
Sec. 361. Criminal alien identification system.
Sec. 362. Waiver of exclusion and deportation ground for certain 
section 274C violators.
Sec. 363. Authorizing registration of aliens on criminal probation or 
criminal parole.
Sec. 364. Confidentiality provision for certain alien battered spouses 
and children.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401. Strengthened enforcement of the employer sanctions 
provisions.
Sec. 402. Strengthened enforcement of wage and hour laws.
Sec. 403. Changes in the employer sanctions program.
Sec. 404. Reports on earnings of aliens not authorized to work.
Sec. 405. Authorizing maintenance of certain information on aliens.
Sec. 406. Limiting liability for certain technical violations of 
paperwork requirements.
Sec. 407. Unfair immigration-related employment practices.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500. Overview of new legal immigration system.

                 Subtitle A--Worldwide Numerical Limits

Sec. 501. Worldwide numerical limitation on family-sponsored 
immigrants.
Sec. 502. Worldwide numerical limitation on employment-based 
immigrants.
Sec. 503. Worldwide numerical limitation on diversity immigrants.
Sec. 504. Establishment of numerical limitation on humanitarian 
immigrants.
Sec. 505. Requiring congressional review and reauthorization of 
worldwide levels every 5 years.

                Subtitle B--Changes in Preference System

Sec. 511. Limitation of immediate relatives to spouses and children.
Sec. 512. Change in family-sponsored classification.
Sec. 513. Change in employment-based classification.
Sec. 514. Changes in diversity immigrant program.
Sec. 515. Authorization to require periodic confirmation of 
classification petitions.
Sec. 516. Changes in special immigrant status.
Sec. 517. Requirements for removal of conditional status of 
entrepreneurs.
Sec. 518. Adult disabled children.
Sec. 519. Miscellaneous conforming amendments.

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

Sec. 521. Changes in refugee annual admissions.
Sec. 522. Persecution for resistance to coercive population control 
methods.
Sec. 523. Parole available only on a case-by-case basis for 
humanitarian reasons or significant public benefit.
Sec. 524. Admission of humanitarian immigrants.

                       Subtitle D--Asylum Reform

Sec. 531. Asylum reform.
Sec. 532. Fixing numerical adjustments for asylees at 10,000 each year.
Sec. 533. Increased resources for reducing asylum application backlogs.

       Subtitle E--General Effective Date; Transition Provisions

Sec. 551. General effective date.
Sec. 552. General transition for current classification petitions.
Sec. 553. Special transition for certain backlogged spouses and 
children of lawful permanent resident aliens.
Sec. 554. Special treatment of certain disadvantaged family first 
preference immigrants.
Sec. 555. Authorization of reimbursement of petitioners for eliminated 
family-sponsored categories.

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

Sec. 600. Statements of national policy concerning welfare and 
immigration.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   Part 1--Public Benefits Generally

Sec. 601. Making illegal aliens ineligible for public assistance, 
contracts, and licenses.
Sec. 602. Making unauthorized aliens ineligible for unemployment 
benefits.
Sec. 603. General exceptions.
Sec. 604. Treatment of expenses subject to emergency medical services 
exception.
Sec. 605. Report on disqualification of illegal aliens from housing 
assistance programs.
Sec. 606. Verification of student eligibility for postsecondary Federal 
student financial assistance.
Sec. 607. Payment of public assistance benefits.
Sec. 608. Definitions.
Sec. 609. Regulations and effective dates.

                    Part 2--Earned Income Tax Credit

Sec. 611. Earned income tax credit denied to individuals not authorized 
to be employed in the United States.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

Sec. 621. Ground for inadmissibility.
Sec. 622. Ground for deportability.

      Subtitle C--Attribution of Income and Affidavits of Support

Sec. 631. Attribution of sponsor's income and resources to family-
sponsored immigrants.
Sec. 632. Requirements for sponsor's affidavit of support.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

Sec. 701. Additional land border inspectors; infrastructure 
improvements.
Sec. 702. Commuter lane pilot programs.
Sec. 703. Preinspection at foreign airports.
Sec. 704. Training of airline personnel in detection of fraudulent 
documents.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

Sec. 801. Nonimmigrant status for spouses and children of members of 
the Armed Services.
Sec. 802. Amended definition of aggravated felony.
Sec. 803. Authority to determine visa processing procedures.
Sec. 804. Waiver authority concerning notice of denial of application 
for visas.
Sec. 805. Treatment of Canadian landed immigrants.
Sec. 806. Changes relating to H-1B nonimmigrants.
Sec. 807. Validity of period of visas.
Sec. 808. Limitation on adjustment of status of individuals not 
lawfully present in the United States.
Sec. 809. Limited access to certain confidential INS files.
Sec. 810. Change of nonimmigrant classification.

                      Subtitle B--Other Provisions

Sec. 831. Commission report on fraud associated with birth 
certificates.
Sec. 832. Uniform vital statistics.
Sec. 833. Communication between State and local government agencies, 
and the Immigration and Naturalization Service.
Sec. 834. Criminal alien reimbursement costs.
Sec. 835. Female genital mutilation.
Sec. 836. Designation of Portugal as a visa waiver pilot program 
country with probationary status.

                   Subtitle C--Technical Corrections

Sec. 851. Miscellaneous technical corrections.

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

SEC. 101. BORDER PATROL AGENTS AND SUPPORT PERSONNEL.

  (a) Increased Number of Border Patrol Positions.--The number of 
border patrol agents shall be increased, for each fiscal year beginning 
with the fiscal year 1996 and ending with the fiscal year 2000, by 
1,000 full-time equivalent positions above the number of equivalent 
positions as of September 30, 1994.
  (b) Increase in Support Personnel.--The number of full-time support 
positions for personnel in support of border enforcement, 
investigation, detention and deportation, intelligence, information and 
records, legal proceedings, and management and administration in the 
Immigration and Naturalization Service shall be increased, beginning 
with fiscal year 1996, by 800 positions above the number of equivalent 
positions as of September 30, 1994.
  (c) Deployment of New Border Patrol Agents.--The Attorney General 
shall, to the maximum extent practicable, ensure that the border patrol 
agents hired pursuant to subsection (a) shall--
          (1) be deployed among the various Immigration and 
        Naturalization Service sectors in proportion to the level of 
        illegal crossing of the borders of the United States measured 
        in each sector during the preceding fiscal year and reasonably 
        anticipated in the next fiscal year, and
          (2) be actively engaged in law enforcement activities related 
        to such illegal crossings.

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

  (a) In General.--The Attorney General, in consultation with the 
Commissioner of the Immigration and Naturalization Service, shall take 
such actions as may be necessary to install additional physical 
barriers and roads (including the removal of obstacles to detection of 
illegal entrants) in the vicinity of the United States border to deter 
illegal crossings in areas of high illegal entry into the United 
States.
  (b) Construction of Fencing and Road Improvements in the Border Area 
Near San Diego, California.--
          (1) In general.--In carrying out subsection (a), the Attorney 
        General shall provide for the construction along the 14 miles 
        of the international land border of the United States, starting 
        at the Pacific Ocean and extending eastward, of second and 
        third fences, in addition to the existing reinforced fence, and 
        for roads between the fences.
          (2) Prompt acquisition of necessary easements.--The Attorney 
        General shall promptly acquire such easements as may be 
        necessary to carry out this subsection and shall commence 
        construction of fences immediately following such acquisition 
        (or conclusion of portions thereof).
          (3) Authorization of appropriations.--There are authorized to 
        be appropriated to carry out this subsection not to exceed 
        $12,000,000. Amounts appropriated under this paragraph are 
        authorized to remain available until expended.
  (c) Waiver.--The provisions of the Endangered Species Act of 1973 are 
waived to the extent the Attorney General determines necessary to 
assure expeditious construction of the barriers and roads under this 
section.
  (d) Forward Deployment.--
          (1) In general.--The Attorney General shall forward deploy 
        existing border patrol agents in those areas of the border 
        identified as areas of high illegal entry into the United 
        States in order to provide a uniform and visible deterrent to 
        illegal entry on a continuing basis.
          (2) Report.--By not later than 6 months after the date of the 
        enactment of this Act, the Attorney General shall submit to the 
        appropriate committees of Congress a report on the progress and 
        effectiveness of such forward deployments.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

  The Attorney General is authorized to acquire and utilize, for the 
purpose of detection, interdiction, and reduction of illegal 
immigration into the United States, any Federal equipment (including 
fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans, 
night vision goggles, night vision scopes, and sensor units) determined 
available for transfer by any other agency of the Federal Government 
upon request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

  (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is amended 
by adding at the end the following: ``Such regulations shall provide 
that (A) each such document include a biometric identifier (such as the 
fingerprint or handprint of the alien) that is machine readable and (B) 
an alien presenting a border crossing identification card is not 
permitted to cross over the border into the United States unless the 
biometric identifier contained on the card matches the appropriate 
biometric characteristic of the alien.''.
  (b) Effective Dates.--
          (1) Clause (A) of the sentence added by the amendment made by 
        subsection (a) shall apply to documents issued on or after 6 
        months after the date of the enactment of this Act.
          (2) Clause (B) of such sentence shall apply to cards 
        presented on or after 3 years after the date of the enactment 
        of this Act.
  (c) Report.--Not later than one year after the implementation of 
clause (A) of the sentence added by the amendment made by subsection 
(a) the Attorney General shall submit to Congress a report on the 
impact of such clause on border crossing activities.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

  (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
          (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively, and
          (2) by inserting after subsection (a) the following new 
        subsection:
  ``(b) Any alien who is apprehended while entering (or attempting to 
enter) the United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty of--
          ``(1) at least $50 and not more than $250 for each such entry 
        (or attempted entry), or
          ``(2) twice the amount specified in paragraph (1) in the case 
        of an alien who has been previously subject to a civil penalty 
        under this subsection.
Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to illegal entries or attempts to enter occurring on or after the 
first day of the sixth month beginning after the date of the enactment 
of this Act.

SEC. 106. PROSECUTION OF ALIENS REPEATEDLY REENTERING THE UNITED STATES 
                    UNLAWFULLY.

  (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
provide for detention and prosecution of each alien who commits an act 
that constitutes a violation of section 275(a) of the Immigration and 
Nationality Act if the alien has committed such an act on two previous 
occasions. Funds appropriated pursuant to this subsection are 
authorized to remain available until expended.
  (b) Sense of Congress.--It is the sense of Congress that the Attorney 
General should use available resources to assure detention and 
prosecution of aliens in the cases described in subsection (a).

SEC. 107. INSERVICE TRAINING FOR THE BORDER PATROL.

  (a) Requirement.--Section 103 (8 U.S.C. 1103) is amended by adding at 
the end the following new subsection:
  ``(e)(1) The Attorney General shall continue to provide for such 
programs (including intensive language training programs) of inservice 
training for full-time and part-time personnel of the Border Patrol in 
contact with the public as will familiarize the personnel with the 
rights and varied cultural backgrounds of aliens and citizens in order 
to ensure and safeguard the constitutional and civil rights, personal 
safety, and human dignity of all individuals, aliens as well as 
citizens, within the jurisdiction of the United States with whom such 
personnel have contact in their work.
  ``(2) The Attorney General shall provide that the annual report of 
the Service include a description of steps taken to carry out paragraph 
(1).''.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary for 
fiscal year 1996 to carry out the inservice training described in 
section 103(e)(1) of the Immigration and Nationality Act. The funds 
appropriated pursuant to this subsection are authorized to remain 
available until expended.

                       Subtitle B--Pilot Programs

SEC. 111. PILOT PROGRAM ON INTERIOR REPATRIATION.

  (a) Establishment.--Not later than 120 days after the date of the 
enactment of this Act, the Attorney General, after consultation with 
the Secretary of State, shall establish a pilot program for up to 2 
years which provides for methods to deter multiple illegal entries by 
aliens into the United States. The pilot program may include the 
development and use of interior repatriation, third country 
repatriation, and other disincentives for multiple illegal entries into 
the United States.
  (b) Report.--Not later than 30 months after the date of the enactment 
of this Act, the Attorney General, together with the Secretary of 
State, shall submit a report to the Committees on the Judiciary of the 
House of Representatives and of the Senate on the operation of the 
pilot program under this section and whether the pilot program or any 
part thereof should be extended or made permanent.

SEC. 112. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
                    DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

  (a) Establishment.--The Attorney General and the Secretary of Defense 
shall establish one or more pilot programs for up to 2 years each to 
determine the feasibility of the use of military bases available 
because of actions under a base closure law as detention centers by the 
Immigration and Naturalization Service.
  (b) Report.--Not later than 30 months after the date of the enactment 
of this Act, the Attorney General, together with the Secretary of 
State, shall submit a report to the Committees on the Judiciary of the 
House of Representatives and of the Senate, and the Committees on Armed 
Services of the House of Representatives and of the Senate, on the 
feasibility of using military bases closed under a base closure law as 
detention centers by the Immigration and Naturalization Service.
  (c) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
          (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
          (2) Title II of the Defense Authorization Amendments and Base 
        Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
        note).
          (3) Section 2687 of title 10, United States Code.
          (4) Any other similar law enacted after the date of the 
        enactment of this Act.

SEC. 113. PILOT PROGRAM TO COLLECT RECORDS OF DEPARTING PASSENGERS.

  (a) Establishment.--The Commissioner of the Immigration and 
Naturalization Service shall, within 180 days after the date of the 
enactment of this Act, establish a pilot program in which officers of 
the Service collect a record of departure for every alien departing the 
United States and match the records of departure with the record of the 
alien's arrival in the United States. The program shall be operated in 
as many air ports of entry as is deemed appropriate, but at no less 
than 3 of the 5 air ports of entry with the heaviest volume of incoming 
traffic from foreign territories.
  (b) Report.--
          (1) Deadline.--The Commissioner shall submit a report to 
        Congress not later than 2 years after the date the pilot 
        program is implemented under subsection (a).
          (2) Information.--The report shall include the following 
        information for each participating port of entry:
                  (A) The number of departure records collected, with 
                an accounting by country of nationality of the 
                departing alien.
                  (B) The number of departure records that were 
                successfully matched to records of the alien's prior 
                arrival in the United States, with an accounting by the 
                alien's country of nationality and by the alien's 
                classification as an immigrant or nonimmigrant.
                  (C) The number of aliens who arrived at the port of 
                entry as nonimmigrants, or as a visitor under the visa 
                waiver program under section 217 of the Immigration and 
                Nationality Act, for whom no matching departure record 
                has been obtained through the pilot program or through 
                other means, with an accounting by the alien's country 
                of nationality and date of arrival in the United 
                States.
                  (D) The estimated cost of establishing a national 
                system to verify the departure from the United States 
                of aliens admitted temporarily as nonimmigrants.
          (3) Recommendations.--The report also shall include specific 
        recommendations for implementation of the pilot program on a 
        permanent basis.
  (c) Use of Information on Visa Overstays.--Information on instances 
of visa overstay identified through the pilot program shall be 
integrated into appropriate data bases of the Immigration and 
Naturalization Service and the Department of State, including those 
used at ports of entry and at consular offices.

                    Subtitle C--Interior Enforcement

SEC. 121. INCREASE IN PERSONNEL FOR INTERIOR ENFORCEMENT.

  Subject to the availability of appropriations, the Attorney General 
shall provide for an increase in the number of investigators and 
enforcement personnel of the Immigration and Naturalization Service who 
are deployed in the interior so that the number of such personnel is 
adequate properly to investigate violations of, and to enforce, 
immigration laws.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

SEC. 201. WIRETAP AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

  Section 2516(1) of title 18, United States Code, is amended--
          (1) by striking ``and'' at the end of paragraph (n),
          (2) by redesignating paragraph (o) as paragraph (p), and
          (3) by inserting after paragraph (n) the following new 
        paragraph:
          ``(o)(1) a felony violation of section 1028 (relating to 
        production of false identification documentation), section 1541 
        (relating to passport issuance without authority), section 1542 
        (relating to false statements in passport applications), 
        section 1543 (relating to forgery or false use of passport), 
        section 1544 (relating to misuse of passport), section 1546 
        (relating to fraud or misuse of visas, permits, or other 
        documents) of this title; or
          ``(2) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (relating to the smuggling of 
        aliens); or''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

  Section 1961(1) of title 18, United States Code, is amended--
          (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification 
        documents),'' before ``section 1029'';
          (2) by inserting ``section 1542 (relating to false statement 
        in application and use of passport), section 1543 (relating to 
        forgery or false use of passport), section 1544 (relating to 
        misuse of passport), section 1546 (relating to fraud and misuse 
        of visas, permits, and other documents), sections 1581-1588 
        (relating to peonage and slavery),'' after ``section 1513 
        (relating to retaliating against a witness, victim, or an 
        informant),'';
          (3) by striking ``or'' before ``(E)''; and
          (4) by inserting before the period at the end the following: 
        ``, or (F) any act which is indictable under the Immigration 
        and Nationality Act, section 274 (relating to bringing in and 
        harboring certain aliens), section 277 (relating to aiding or 
        assisting certain aliens to enter the United States), or 
        section 278 (relating to importation of alien for immoral 
        purpose)''.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

  (a) In General.--Section 274(a)(1) (8 U.S.C. 1324(a)(1)) is amended--
          (1) in subparagraph (B)(i), by inserting ``or in the case of 
        a violation of subparagraph (A)(ii), (iii), or (iv) in which 
        the offense was done for the purpose of commercial advantage or 
        private financial gain'' after ``subparagraph (A)(i)'', and
          (2) by adding at the end the following new subparagraph:
  ``(C) Any person who engages in any conspiracy to commit, or aids or 
abets the commission of, any of the acts described in--
          ``(i) subparagraph (A)(i) shall be fined under title 18, 
        United States Code, imprisoned not more than 10 years, or both; 
        or
          ``(ii) clause (ii), (iii), or (iv) of subparagraph (A) shall 
        be fined under title 18, United States Code, imprisoned not 
        more than 5 years, or both.''.
  (b) Smuggling of Aliens Who Will Commit Crimes.--Section 274(a)(2) (8 
U.S.C. 1324(a)(2)) is amended--
          (1) in subparagraph (B)--
                  (A) by striking ``or'' at the end of clause (ii),
                  (B) by adding ``or'' at the end of clause (iii), and
                  (C) by inserting after clause (iii) the following:
                          ``(iv) an offense committed with the intent 
                        or with reason to believe that the alien 
                        unlawfully brought into the United States will 
                        commit an offense against the United States or 
                        any State punishable by imprisonment for more 
                        than 1 year,''; and
          (2) by striking ``be fined'' and all that follows through the 
        final period at the end and inserting the following: ``be fined 
        under title 18, United States Code, and shall be imprisoned not 
        less than 3 years or more than 10 years.''.
  (c) Applying Certain Penalties on a Per Alien Basis.--Section 
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ``for each 
transaction constituting a violation of this paragraph, regardless of 
the number of aliens involved'' and inserting ``for each alien in 
respect to whom a violation of this paragraph occurs''.

SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

  (a) In General.--The number of Assistant United States Attorneys 
employed by the Department of Justice for the fiscal year 1996 shall be 
increased by 25 above the number of Assistant United States Attorneys 
that were authorized to be employed as of September 30, 1994.
  (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be specially trained to be 
used for the prosecution of persons who bring into the United States or 
harbor illegal aliens, fraud, and other criminal statutes involving 
illegal aliens.

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

  (a) In General.--Title II is amended by adding at the end the 
following new section:
                  ``undercover investigation authority
  ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States--
          ``(1) sums appropriated for the Service may be used for 
        leasing space within the United States and the territories and 
        possessions of the United States without regard to the 
        following provisions of law:
                  ``(A) section 3679(a) of the Revised Statutes (31 
                U.S.C. 1341),
                  ``(B) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a)),
                  ``(C) section 305 of the Act of June 30, 1949 (63 
                Stat. 396; 41 U.S.C. 255),
                  ``(D) the third undesignated paragraph under the 
                heading `Miscellaneous' of the Act of March 3, 1877 (19 
                Stat. 370; 40 U.S.C. 34),
                  ``(E) section 3648 of the Revised Statutes (31 U.S.C. 
                3324),
                  ``(F) section 3741 of the Revised Statutes (41 U.S.C. 
                22), and
                  ``(G) subsections (a) and (c) of section 304 of the 
                Federal Property and Administrative Services Act of 
                1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
          ``(2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or business 
        entities as part of an undercover operation, and to operate 
        such corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
          ``(3) sums appropriated for the Service, and the proceeds 
        from the undercover operation, may be deposited in banks or 
        other financial institutions without regard to the provisions 
        of section 648 of title 18, United States Code, and of section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
          ``(4) the proceeds from the undercover operation may be used 
        to offset necessary and reasonable expenses incurred in such 
        operation without regard to the provisions of section 3617 of 
        the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only upon 
written certification of the Commissioner, in consultation with the 
Deputy Attorney General, that any action authorized by paragraph (1), 
(2), (3), or (4) is necessary for the conduct of the undercover 
operation.
  ``(b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection (a), 
are no longer necessary for the conduct of the operation, the proceeds 
or the balance of the proceeds remaining at the time shall be deposited 
into the Treasury of the United States as miscellaneous receipts.
  ``(c) Disposition of Certain Corporations and Business Entities.--If 
a corporation or business entity established or acquired as part of an 
undercover operation under paragraph (2) of subsection (a) with a net 
value of over $50,000 is to be liquidated, sold, or otherwise disposed 
of, the Service, as much in advance as the Commissioner or 
Commissioner's designee determines practicable, shall report the 
circumstances to the Attorney General, the Director of the Office of 
Management and Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
  ``(d) Financial Audits.--The Service shall conduct detailed financial 
audits of closed undercover operations on a quarterly basis and shall 
report the results of the audits in writing to the Deputy Attorney 
General.''.
  (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 293 the following:

``Sec. 294. Undercover investigation authority.''.

                Subtitle B--Deterrence of Document Fraud

SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
                    GOVERNMENT-ISSUED DOCUMENTS.

  (a) Fraud and Misuse of Government-Issued Identification Documents.--
Section 1028(b) of title 18, United States Code, is amended--
          (1) in paragraph (1), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(1)'' and by striking ``five 
        years'' and inserting ``15 years'';
          (2) in paragraph (2), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(2)'' and by striking ``and'' 
        at the end;
          (3) by redesignating paragraph (3) as paragraph (5); and
          (4) by inserting after paragraph (2) the following new 
        paragraphs:
          ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed to 
        facilitate a drug trafficking crime (as defined in section 
        929(a)(2) of this title);
          ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed to 
        facilitate an act of international terrorism (as defined in 
        section 2331(1) of this title); and''.
  (b) Changes to the Sentencing Levels.--Pursuant to section 944 of 
title 28, United States Code, and section 21 of the Sentencing Act of 
1987, the United States Sentencing Commission shall promulgate 
guidelines, or amend existing guidelines, relating to defendants 
convicted of violating, or conspiring to violate, sections 1546(a) and 
1028(a) of title 18, United States Code. The basic offense level under 
section 2L2.1 of the United States Sentencing Guidelines shall be 
increased to--
          (1) not less than offense level 15 if the offense involves 
        100 or more documents;
          (2) not less than offense level 20 if the offense involves 
        1,000 or more documents, or if the documents were used to 
        facilitate any other criminal activity described in section 
        212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(A)(i)(II)) or in section 101(a)(43) of such Act; 
        and
          (3) not less than offense level 25 if the offense involves--
                  (A) the provision of documents to a person known or 
                suspected of engaging in a terrorist activity (as such 
                terms are defined in section 212(a)(3)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(a)(3)(B));
                  (B) the provision of documents to facilitate a 
                terrorist activity or to assist a person to engage in 
                terrorist activity (as such terms are defined in 
                section 212(a)(3)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1182(a)(3)(B)); or
                  (C) the provision of documents to persons involved in 
                racketeering enterprises (described in section 1952(a) 
                of title 18, United States Code).

SEC. 212. NEW CIVIL PENALTIES FOR DOCUMENT FRAUD.

  (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
          (1) by striking ``or'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph (4) and 
        inserting ``, or''; and
          (3) by adding at the end the following:
          ``(5) in reckless disregard of the fact that the information 
        is false or does not relate to the applicant, to prepare, to 
        file, or to assist another in preparing or filing, documents 
        which are falsely made for the purpose of satisfying a 
        requirement of this Act.
For purposes of this section, the term `falsely made' includes, with 
respect to a document or application, the preparation or provision of 
the document or application with knowledge or in reckless disregard of 
the fact that such document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a material fact pertaining to the document 
or application.''.
  (b) Conforming Amendments for Civil Penalties.--Section 274C(d)(3) (8 
U.S.C. 1324c(d)(3)) is amended by striking ``each document used, 
accepted, or created and each instance of use, acceptance, or 
creation'' both places it appears and inserting ``each instance of a 
violation under subsection (a)''.
  (c) Effective Dates.--(1) The amendments made by subsection (a) shall 
apply to the preparation or filing of documents, and assistance in such 
preparation or filing, occurring on or after the date of the enactment 
of this Act.
  (2) The amendment made by subsection (b) shall apply to violations 
occurring on or after the date of the enactment of this Act.

SEC. 213. NEW CIVIL PENALTY FOR FAILURE TO PRESENT DOCUMENTS AND FOR 
                    PREPARING IMMIGRATION DOCUMENTS WITHOUT 
                    AUTHORIZATION.

  (a) In General.--Section 274C(a) (8 U.S.C. 1324c(a)), as amended by 
section 212(a), is further amended--
          (1) by striking ``or'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph (5) and 
        inserting a comma; and
          (3) by inserting after paragraph (5) the following new 
        paragraphs:
          ``(6) to present before boarding a common carrier for the 
        purpose of coming to the United States a document which relates 
        to the alien's eligibility to enter the United States and to 
        fail to present such document to an immigration officer upon 
        arrival at a United States port of entry, or
          ``(7) to prepare or assist in the preparation and submission 
        of immigration forms, petitions, and applications if the person 
        or entity is not authorized to represent aliens, or to prepare 
        or assist in the preparation and submission of such forms, 
        petitions, and applications pursuant to regulations promulgated 
        by the Attorney General.''; and
          (4) by adding at the end the following:
``The Attorney General may, in the discretion of the Attorney General, 
waive the penalties of this section with respect to an alien who 
knowingly violates paragraph (6) if the alien is granted asylum under 
section 208 or withholding of deportation under section 243(h).''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to individuals who board a common carrier on or after 30 days 
after the date of the enactment of this Act.

SEC. 214. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
                    PREPARER OF FALSE APPLICATION FOR ASYLUM AND FOR 
                    PREPARING CERTAIN POST-CONVICTION APPLICATIONS.

  Section 274C (8 U.S.C. 1324c) is amended by adding at the end the 
following new subsection:
  ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--
          ``(1) If a person is required by law or regulation to 
        disclose the fact that the person, on behalf of another person 
        and for a fee or other remuneration, has prepared or assisted 
        in preparing an application for asylum pursuant to section 208, 
        or the regulations promulgated thereunder, and the person 
        knowingly and willfully fails to disclose, conceals, or covers 
        up such fact, and the application was falsely made, the person 
        shall--
                  ``(A) be imprisoned for not less than 2 nor more than 
                5 years, fined in accordance with title 18, United 
                States Code, or both, and
                  ``(B) be prohibited from preparing or assisting in 
                preparing, regardless of whether for a fee or other 
                remuneration, any other such application for a period 
                of at least 5 years and not more than 15 years.
          ``(2) Whoever, having been convicted of a violation of 
        paragraph (1), knowingly and willfully prepares or assists in 
        preparing an application for asylum pursuant to section 208, or 
        the regulations promulgated thereunder, regardless of whether 
        for a fee or other remuneration, in violation of paragraph 
        (1)(B) shall be imprisoned for not less than 5 years or more 
        than 15 years, fined in accordance with title 18, United States 
        Code, or both, and prohibited from preparing or assisting in 
        preparing any other such application.''.

SEC. 215. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 
                    FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

  The fourth paragraph of section 1546(a) of title 18, United States 
Code, is amended by striking ``containing any such false statement'' 
and inserting ``which contains any such false statement or which fails 
to contain any reasonable basis in law or fact''.

SEC. 216. CRIMINAL PENALTIES FOR FALSE CLAIM TO CITIZENSHIP.

  Section 1015 of title 18, United States Code, is amended--
          (1) by striking the dash at the end of paragraph (d) and 
        inserting ``; or'', and
          (2) by inserting after paragraph (d) the following:
  ``(e) Whoever knowingly makes any false statement or claim that he 
is, or at any time has been, a citizen or national of the United 
States, with the intent to obtain on behalf of himself, or any other 
person, any Federal benefit or service, or to engage unlawfully in 
employment in the United States; or
  ``(f) Whoever knowingly makes any false statement or claim that he is 
a citizen of the United States in order to register to vote or to vote 
in any Federal, State, or local election (including an initiative, 
recall, or referendum)--''.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

SEC. 221. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

  Section 982 of title 18, United States Code, is amended--
          (1) in subsection (a), by inserting after paragraph (5) the 
        following new paragraph:
  ``(6) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, 
or 1546 of this title, or a violation of, or conspiracy to violate, 
section 1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to the United 
States any property, real or personal, which the person used, or 
intended to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, or 
traceable to, any proceeds the person obtained, directly or indirectly, 
as a result of such violation.'', and
          (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' after 
        ``(a)(2)''.

SEC. 222. SUBPOENAS FOR BANK RECORDS.

  Section 986(a) of title 18, United States Code, is amended by 
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 223. EFFECTIVE DATE.

  The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

SEC. 300. OVERVIEW OF CHANGES IN REMOVAL PROCEDURES.

  This subtitle amends the provisions of the Immigration and 
Nationality Act relating to procedures for inspection, exclusion, and 
deportation of aliens so as to provide for the following:
          (1) Expedited removal for undocumented aliens.--Aliens 
        arriving without valid documents are subject to an expedited 
        removal process, without an evidentiary hearing and subject to 
        strictly limited judicial review.
          (2) No reward for illegal entrants or visa overstayers.--
        Aliens who enter illegally or who overstay the period of 
        authorized admission will have a greater burden of proof in 
        removal proceedings and will face tougher standards for most 
        discretionary immigration benefits, such as suspension of 
        removal and work authorization.
          (3) Stricter standards to assure detention of aliens.--There 
        are more stringent standards for the release of aliens 
        (particularly aliens convicted of aggravated felonies) during 
        and after removal proceedings.
          (4) Simplified, single removal proceeding (in place of 
        separate exclusion and deportation proceedings).--The 
        procedures for exclusion and deportation are consolidated into 
        a simpler, single procedure for removal of inadmissible and 
        deportable aliens.
          (5) Streamlined judicial review.--Judicial review is 
        streamlined through removing a layer of review in exclusion 
        cases, shortening the time period to file for review, and 
        permitting the removal of inadmissible aliens pending the 
        review.
          (6) Increased penalties to assure removal and prevent further 
        reentry.--Aliens who are ordered removed are subject to civil 
        money penalties for failure to depart on time and if they seek 
        reentry they are subject to immediate removal under the prior 
        order.
          (7) Protection of applicants for asylum.--Throughout the 
        process, the procedures protect those aliens who present 
        credible claims for asylum by giving them an opportunity for a 
        full hearing on their claims.
          (8) Reorganization.--The provisions of the Act are 
        reorganized to provide a more logical progression from arrival 
        and inspection through proceedings and removal.

SEC. 301. TREATING PERSONS PRESENT IN THE UNITED STATES WITHOUT 
                    AUTHORIZATION AS NOT ADMITTED.

  (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8 
U.S.C. 1101(a)) is amended to read as follows:
  ``(13)(A) The terms `admission' and `admitted' mean, with respect to 
an alien, the entry of the alien into the United States after 
inspection and authorization by an immigration officer.
  ``(B) An alien who is paroled under section 212(d)(5) or permitted to 
land temporarily as an alien crewman shall not be considered to have 
been admitted.
  ``(C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission into the 
United States for purposes of the immigration laws unless the alien--
          ``(i) has abandoned or relinquished that status,
          ``(ii) has engaged in illegal activity after having departed 
        the United States,
          ``(iii) has departed from the United States while under legal 
        process seeking removal of the alien from the United States, 
        including removal proceedings under this Act and extradition 
        proceedings,
          ``(iv) has been convicted of an aggravated felony, unless 
        since such conviction the alien has been granted relief under 
        section 240A(a), or
          ``(v) is attempting to enter at a time or place other than as 
        designated by immigration officers or has not been admitted to 
        the United States after inspection and authorization by an 
        immigration officer.''.
  (b) Inadmissibility of Aliens Present Without Admission or Parole.--
          (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is amended 
        by redesignating paragraph (9) as paragraph (10) and by 
        inserting after paragraph (8) the following new paragraph:
          ``(9) Present without admission or parole.--
                  ``(A) In general.--An alien present in the United 
                States without being admitted or paroled, or who 
                arrives in the United States at any time or place other 
                than as designated by the Attorney General, is 
                inadmissible.
                  ``(B) Exception for certain battered women and 
                children.--Subparagraph (A) shall not apply to an alien 
                who can demonstrate that--
                          ``(i) the alien qualifies for immigrant 
                        status under subparagraphs (A)(iii), (A)(iv), 
                        (B)(ii), or (B)(iii) of section 204(a)(1),
                          ``(ii)(I) the alien has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent, or by a member of the spouse's or 
                        parent's family residing in the same household 
                        as the alien and the spouse or parent consented 
                        or acquiesced to such battery or cruelty, or 
                        (II) the alien's child has been battered or 
                        subject to extreme cruelty by a spouse or 
                        parent of the alien (without the active 
                        participation of the alien in the battery or 
                        extreme cruelty) or by a member of the spouse's 
                        or parent's family residing in the same 
                        household as the alien when the spouse or 
                        parent consented to or acquiesced in such 
                        battery or cruelty and the alien did not 
                        actively participate in such battery or 
                        cruelty, and
                          ``(iii) there was a substantial connection 
                        between the battery or cruelty described in 
                        subclause (I) or (II) and the alien's unlawful 
                        entry into the United States.''.
          (2) Transition for battered spouse or child provision.--The 
        requirements of clauses (ii) and (iii) of section 212(a)(9)(B) 
        of the Immigration and Nationality Act, as inserted by 
        paragraph (1), shall not apply to an alien who demonstrates 
        that the alien first arrived in the United States before the 
        title III-A effective date (described in section 309(a)).
  (c) Revision to Ground of Inadmissibility for Illegal Entrants and 
Immigration Violators.--Subparagraphs (A) and (B) of section 212(a)(6) 
(8 U.S.C. 1182(a)(6)) are amended to read as follows:
                  ``(A) Aliens previously removed.--
                          ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal is 
                        inadmissible.
                          ``(ii) Other aliens.--Any alien not described 
                        in clause (i) who has been ordered removed 
                        under section 240 or any other provision of law 
                        and who again seeks admission within 10 years 
                        of the date of such removal (or at any time in 
                        the case of an alien convicted of an aggravated 
                        felony) is inadmissible.
                          ``(iii) Exception.--Clauses (i) and (ii) 
                        shall not apply to an alien seeking admission 
                        within a period if, prior to the alien's 
                        reembarkation at a place outside the United 
                        States or attempt to be admitted from foreign 
                        contiguous territory, the Attorney General has 
                        consented to the alien's reapplying for 
                        admission.
                  ``(B) Aliens present unlawfully for more than 1 
                year.--
                          ``(i) In general.--Any alien who was 
                        unlawfully present in the United States for an 
                        aggregate period totaling 1 year is 
                        inadmissible unless the alien has remained 
                        outside the United States for a period of 10 
                        years.
                          ``(ii) Exceptions.--
                                  ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                  ``(II) Asylees.--No period of time in 
                                which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                  ``(III) Aliens with work 
                                authorization.--No period of time in 
                                which an alien is provided 
                                authorization to engage in employment 
                                in the United States (including such an 
                                authorization under section 
                                244A(a)(1)(B)), or in which the alien 
                                is the spouse of such an alien, shall 
                                be taken into account in determining 
                                the period of unlawful presence in the 
                                United States under clause (i).
                                  ``(IV) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                  ``(V) Battered women and children.--
                                Clause (i) shall not apply to an alien 
                                described in paragraph (9)(B).
                          ``(iii) Extension.--The Attorney General may 
                        extend the period of 1 year under clause (i) to 
                        a period of 15 months in the case of an alien 
                        who applies to the Attorney General (before the 
                        alien has been present unlawfully in the United 
                        States for a period totaling 1 year) and 
                        establishes to the satisfaction of the Attorney 
                        General that--
                                  ``(I) the alien is not inadmissible 
                                under clause (i) at the time of the 
                                application, and
                                  ``(II) the failure to extend such 
                                period would constitute an extreme 
                                hardship for the alien.
                          ``(iv) Waiver.--In the case of an alien who 
                        is the spouse, parent, or child of a United 
                        States citizen or the spouse or child of a 
                        permanent resident alien, the Attorney General 
                        may waive clause (i) for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                          ``(v) National interest waiver.--The Attorney 
                        General may waive clause (i) if the Attorney 
                        General determines that such a waiver is 
                        necessary to substantially benefit--
                                  ``(I) the national security, national 
                                defense, or Federal, State, or local 
                                law enforcement;
                                  ``(II) health care, housing, or 
                                educational opportunities for an 
                                indigent or low-income population or in 
                                an underserved geographical area;
                                  ``(III) economic or employment 
                                opportunities for a specific industry 
                                or specific geographical area;
                                  ``(IV) the development of new 
                                technologies; or
                                  ``(V) environmental protection or the 
                                productive use of natural resources; 
                                and
                        the alien will engage in a specific undertaking 
                        to advance one or more of the interests 
                        identified in subclauses (I) through (V).''.
  (d) Waiver of Misrepresentation Ground of Inadmissibility for Certain 
Aliens.--Subsection (i) of section 212 is amended to read as follows:
  ``(i) The Attorney General may, in the discretion of the Attorney 
General, waive the application of clause (i) of subsection (a)(6)(C)--
          ``(1) in the case of an immigrant who is the spouse, son, or 
        daughter of a United States citizen; or
          ``(2) in the case of an immigrant who is the spouse or son or 
        daughter of an alien lawfully admitted for permanent residence, 
        if it is established to the satisfaction of the Attorney 
        General that the refusal of admission to the United States of 
        such immigrant alien would result in extreme hardship to the 
        lawfully resident spouse or parent of such an alien.''.
  (e) Prohibition on Issuance of Visas for Former Citizens Who 
Renounced Citizenship to Avoid United States Taxation.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by subsection 
(b)(1), is amended by adding at the end the following:
                  ``(D) Former citizens who renounced citizenship to 
                avoid taxation.--Any alien who is a former citizen of 
                the United States who officially renounced United 
                States citizenship and who is determined by the 
                Attorney General to have renounced United States 
                citizenship for the purpose of avoiding taxation by the 
                United States is excludable.''.
  (f) Proof of Vaccination Requirement for Immigrants.--
          (1) In general.--Section 212(a)(1)(A) (8 U.S.C. 
        1182(a)(1)(A)) is amended--
                  (A) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively, and
                  (B) by inserting after clause (i) the following new 
                clause:
                          ``(ii) who seeks admission as an immigrant, 
                        or who seeks adjustment of status to the status 
                        of an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices,''.
          (2) Waiver.--Section 212(g) (8 U.S.C. 1182(g) is amended by 
        striking ``, or'' at the end of paragraph (1) and all that 
        follows and inserting a semicolon and the following:
        ``in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
          ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                  ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination, or
                  ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by 42 
                C.F.R. 34.2) certifies, according to such regulations 
                as the Secretary of Health and Human Services may 
                prescribe, that such vaccination would not be medically 
                appropriate; or
          ``(3) subsection (a)(1)(A)(iii) in the case of any alien, in 
        accordance with such terms, conditions, and controls, if any, 
        including the giving of bond, as the Attorney General, in the 
        discretion of the Attorney General after consultation with the 
        Secretary of Health and Human Services, may by regulation 
        prescribe.''.
          (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to applications for immigrant visas or 
        for adjustment of status filed after September 30, 1996.
  (g) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251), before redesignation as section 237 by section 305(a)(2), is 
amended--
          (1) in the matter before paragraph (1) of subsection (a), by 
        striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
          (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
          (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
          (4) by amending subparagraph (B) of subsection (a)(1) to read 
        as follows:
                  ``(B) Present in violation of law.--Any alien who is 
                present in the United States in violation of this Act 
                or any other law of the United States is deportable.''.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 
                    ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED 
                    SECTION 235).

  Section 235 (8 U.S.C. 1225) is amended to read as follows:
``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing
  ``Sec. 235. (a) Inspection.--
          ``(1) Aliens treated as applicants for admission.--An alien 
        present in the United States who has not been admitted, who 
        arrives in the United States (whether or not at a designated 
        port of arrival), or who is brought to the United States after 
        having been interdicted in international or United States 
        waters shall be deemed for purposes of this Act an applicant 
        for admission.
          ``(2) Stowaways.--An arriving alien who is a stowaway is not 
        eligible to apply for admission or to be admitted and shall be 
        ordered removed upon inspection by an immigration officer. Upon 
        such inspection if the alien indicates an intention to apply 
        for asylum under section 208 or a fear of persecution, the 
        officer shall refer the alien for an interview under subsection 
        (b)(1)(B). A stowaway may apply for asylum only if the stowaway 
        is found to have a credible fear of persecution under 
        subsection (b)(1)(B). In no case may a stowaway be considered 
        an applicant for admission or eligible for a hearing under 
        section 240.
          ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
          ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
          ``(5) Statements.--An applicant for admission may be required 
        to state under oath any information sought by an immigration 
        officer regarding the purposes and intentions of the applicant 
        in seeking admission to the United States, including the 
        applicant's intended length of stay and whether the applicant 
        intends to remain permanently or become a United States 
        citizen, and whether the applicant is inadmissible.
  ``(b) Inspection of Applicants for Admission.--
          ``(1) Inspection of aliens arriving in the united states.--
                  ``(A) Screening.--If the examining immigration 
                officer determines that an alien arriving in the United 
                States (whether or not at a port of entry) is 
                inadmissible under section 212(a)(6)(C) or 212(a)(7) 
                and the alien--
                          ``(i) does not indicate either an intention 
                        to apply for asylum under section 208 or a fear 
                        of persecution, the officer shall order the 
                        alien removed from the United States without 
                        further hearing or review; or
                          ``(ii) indicates an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B).
                  ``(B) Asylum interviews.--
                          ``(i) Conduct by asylum officers.--An asylum 
                        officer shall promptly conduct interviews of 
                        aliens referred under subparagraph (A)(ii).
                          ``(ii) Referral of certain aliens.--If the 
                        officer determines at the time of the interview 
                        that an alien has a credible fear of 
                        persecution (within the meaning of clause (v)), 
                        the alien shall be detained for further 
                        consideration of the application for asylum.
                          ``(iii) Removal without further review if no 
                        credible fear of persecution.--
                                  ``(I) In general.--Subject to 
                                subclause (II), if the officer 
                                determines that an alien does not have 
                                a credible fear of persecution, the 
                                officer shall order the alien removed 
                                from the United States without further 
                                hearing or review.
                                  ``(II) Review of determination by 
                                supervisory officer.--The Attorney 
                                General shall promulgate regulations to 
                                provide for the immediate review by a 
                                supervisory asylum officer at the port 
                                of entry of a determination under 
                                subclause (I).
                          ``(iv) Information about interviews.--The 
                        Attorney General shall provide information 
                        concerning the asylum interview described in 
                        this subparagraph to aliens who may be 
                        eligible. An alien who is eligible for such 
                        interview may consult with a person or persons 
                        of the alien's choosing prior to the interview 
                        or any review thereof, according to regulations 
                        prescribed by the Attorney General. Such 
                        consultation shall be at no expense to the 
                        Government and shall not delay the process.
                          ``(v) Credible fear of persecution defined.--
                        For purposes of this subparagraph, the term 
                        `credible fear of persecution' means (I) that 
                        it is more probable than not that the 
                        statements made by the alien in support of the 
                        alien's claim are true, and (II) that there is 
                        a significant possibility, in light of such 
                        statements and of such other facts as are known 
                        to the officer, that the alien could establish 
                        eligibility for asylum under section 208.
                  ``(C) Limitation on administrative review.--A removal 
                order entered in accordance with subparagraph (A)(i) or 
                (B)(iii)(I) is not subject to administrative appeal, 
                except that the Attorney General shall provide by 
                regulation for prompt review of such an order under 
                subparagraph (A)(i) against an alien who claims under 
                oath, or as permitted under penalty of perjury under 
                section 1746 of title 28, United States Code, after 
                having been warned of the penalties for falsely making 
                such claim under such conditions, to have been lawfully 
                admitted for permanent residence.
                  ``(D) Limit on collateral attacks.--In any action 
                brought against an alien under section 275(a) or 
                section 276, the court shall not have jurisdiction to 
                hear any claim attacking the validity of an order of 
                removal entered under subparagraph (A)(i) or 
                (B)(iii)(I).
                  ``(E) Asylum officer defined.--As used in this 
                paragraph, the term `asylum officer' means an 
                immigration officer who--
                          ``(i) has had professional training in 
                        country conditions, asylum law, and interview 
                        techniques, and
                          ``(ii) is supervised by an officer who meets 
                        the condition described in clause (i).
          ``(2) Inspection of other aliens.--
                  ``(A) In general.--Subject to subparagraph (B), in 
                the case of an alien who is an applicant for admission, 
                if the examining immigration officer determines that an 
                alien seeking admission is not clearly and beyond a 
                doubt entitled to be admitted, the alien shall be 
                detained for a hearing under section 240.
                  ``(B) Exception.--Subparagraph (A) shall not apply to 
                an alien--
                          ``(i) who is a crewman,
                          ``(ii) to whom paragraph (1) applies, or
                          ``(iii) who is a stowaway.
          ``(3) Challenge of decision.--The decision of the examining 
        immigration officer, if favorable to the admission of any 
        alien, shall be subject to challenge by any other immigration 
        officer and such challenge shall operate to take the alien 
        whose privilege to be admitted is so challenged, before an 
        immigration judge for a hearing under section 240.
  ``(c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
          ``(1) Removal without further hearing.--If an immigration 
        officer or an immigration judge suspects that an arriving alien 
        may be inadmissible under subparagraph (A) (other than clause 
        (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
        shall--
                  ``(A) order the alien removed, subject to review 
                under paragraph (2);
                  ``(B) report the order of removal to the Attorney 
                General; and
                  ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
          ``(2) Review of order.--(A) The Attorney General shall review 
        orders issued under paragraph (1).
          ``(B) If the Attorney General--
                  ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                  ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
          ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
          ``(3) Submission of statement and information.--The alien or 
        the alien's representative may submit a written statement and 
        additional information for consideration by the Attorney 
        General.
  ``(d) Authority Relating to Inspections.--
          ``(1) Authority to search conveyances.--Immigration officers 
        are authorized to board and search any vessel, aircraft, 
        railway car, or other conveyance or vehicle in which they 
        believe aliens are being brought into the United States.
          ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                  ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                  ``(B) to deliver the alien to an immigration officer 
                for inspection or to a medical officer for examination.
          ``(3) Administration of oath and consideration of evidence.--
        The Attorney General and any immigration officer shall have 
        power to administer oaths and to take and consider evidence of 
        or from any person touching the privilege of any alien or 
        person he believes or suspects to be an alien to enter, 
        reenter, transit through, or reside in the United States or 
        concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
          ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
          ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.

SEC. 303. APPREHENSION AND DETENTION OF ALIENS NOT LAWFULLY IN THE 
                    UNITED STATES (REVISED SECTION 236).

  (a) In General.--Section 236 (8 U.S.C. 1226) is amended to read as 
follows:
   ``apprehension and detention of aliens not lawfully in the united 
                                 states
  ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant issued 
by the Attorney General, an alien may be arrested and detained pending 
a decision on whether the alien is to be removed from the United 
States. Except as provided in subsection (c) and pending such decision, 
the Attorney General--
          ``(1) may continue to detain the arrested alien; and
          ``(2) may release the alien on--
                  ``(A) bond of at least $1,500 with security approved 
                by, and containing conditions prescribed by, the 
                Attorney General; or
                  ``(B) conditional parole; but
          ``(3) may not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.
  ``(b) Revocation of Bond or Parole.--The Attorney General at any time 
may revoke a bond or parole authorized under subsection (a), rearrest 
the alien under the original warrant, and detain the alien.
  ``(c) Aliens Convicted of Aggravated Felonies.--
          ``(1) Custody.--The Attorney General shall take into custody 
        any alien convicted of an aggravated felony when the alien is 
        released, without regard to whether the alien is released on 
        parole, supervised release, or probation, and without regard to 
        whether the alien may be arrested or imprisoned again for the 
        same offense.
          ``(2) Release.--The Attorney General may release the alien 
        only if--
                  ``(A) the alien was lawfully admitted to the United 
                States and satisfies the Attorney General that the 
                alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding;
                  ``(B) the alien was not lawfully admitted to the 
                United States, cannot be removed because the designated 
                country of removal will not accept the alien, and 
                satisfies the Attorney General that the alien will not 
                pose a danger to the safety of other persons or of 
                property and is likely to appear for any scheduled 
                proceeding; or
                  ``(C) the Attorney General decides pursuant to 
                section 3521 of title 18, United States Code, that 
                release of the alien from custody is necessary to 
                provide protection to a witness, a potential witness, a 
                person cooperating with an investigation into major 
                criminal activity, or an immediate family member or 
                close associate of a witness, potential witness, or 
                person cooperating with such an investigation.
        A decision relating to such release shall take place in 
        accordance with a procedure that considers the severity of the 
        offense committed by the alien.
  ``(d) Identification of Aliens Convicted of Aggravated Felonies.--(1) 
The Attorney General shall devise and implement a system--
          ``(A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether individuals 
        arrested by such authorities for aggravated felonies are 
        aliens;
          ``(B) to designate and train officers and employees of the 
        Service to serve as a liaison to Federal, State, and local law 
        enforcement and correctional agencies and courts with respect 
        to the arrest, conviction, and release of any alien charged 
        with an aggravated felony; and
          ``(C) which uses computer resources to maintain a current 
        record of aliens who have been convicted of an aggravated 
        felony and who have been removed.
  ``(2) The record under paragraph (1)(C) shall be made available--
          ``(A) to inspectors at ports of entry and to border patrol 
        agents at sector headquarters for purposes of immediate 
        identification of any such previously removed alien seeking to 
        reenter the United States, and
          ``(B) to officials of the Department of State for use in its 
        automated visa lookout system.''.
  (b) Increase in INS Detention Facilities.--Subject to the 
availability of appropriations, the Attorney General shall provide for 
an increase in the detention facilities of the Immigration and 
Naturalization Service to at least 9,000 beds by fiscal year 1997.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT 
                    OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW 
                    SECTIONS 239 TO 240C).

  (a) In General.--Chapter 4 of title II is amended--
          (1) by redesignating section 239 as section 234 and by moving 
        such section to immediately follow section 233;
          (2) by redesignating section 240 (8 U.S.C. 1230) as section 
        240C; and
          (3) by inserting after section 238 the following new 
        sections:
                  ``initiation of removal proceedings
  ``Sec. 239. (a) Notice to Appear.--
          ``(1) In general.--In removal proceedings under section 240, 
        written notice (in this section referred to as a `notice to 
        appear') shall be given in person to the alien (or, if personal 
        service is not practicable, through service by mail to the 
        alien or to the alien's counsel of record, if any) specifying 
        the following:
                  ``(A) The nature of the proceedings against the 
                alien.
                  ``(B) The legal authority under which the proceedings 
                are conducted.
                  ``(C) The acts or conduct alleged to be in violation 
                of law.
                  ``(D) The charges against the alien and the statutory 
                provisions alleged to have been violated.
                  ``(E) The alien may be represented by counsel and the 
                alien will be provided (i) a period of time to secure 
                counsel under subsection (b)(1) and (ii) a current list 
                of counsel prepared under subsection (b)(2).
                  ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                  ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                  ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                  ``(G)(i) The time and place at which the proceedings 
                will be held.
                  ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
          ``(2) Notice of change in time or place of proceedings.--
                  ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                          ``(i) the new time or place of the 
                        proceedings, and
                          ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                  ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
          ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
  ``(b) Securing of Counsel.--
          ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
          ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
  ``(c) Service by Mail.--Service by mail under this section shall be 
sufficient if there is proof of attempted delivery to the last address 
provided by the alien in accordance with subsection (a)(1)(F).
  ``(d) Prompt Initiation of Removal.--(1) In the case of an alien who 
is convicted of an offense which makes the alien deportable, the 
Attorney General shall begin any removal proceeding as expeditiously as 
possible after the date of the conviction.
  ``(2) Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.
                         ``removal proceedings
  ``Sec. 240. (a) Proceeding.--
          ``(1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or deportability 
        of an alien.
          ``(2) Charges.--An alien placed in proceedings under this 
        section may be charged with any applicable ground of 
        inadmissibility under section 212(a) or any applicable ground 
        of deportability under section 237(a).
          ``(3) Exclusive procedures.--Unless otherwise specified in 
        this Act, a proceeding under this section shall be the sole and 
        exclusive procedure for determining whether an alien may be 
        admitted to the United States or, if the alien has been so 
        admitted, removed from the United States. Nothing in this 
        section shall affect proceedings conducted pursuant to section 
        238.
  ``(b) Conduct of Proceeding.--
          ``(1) Authority of immigration judge.--The immigration judge 
        shall administer oaths, receive evidence, and interrogate, 
        examine, and cross-examine the alien and any witnesses. The 
        immigration judge may issue subpoenas for the attendance of 
        witnesses and presentation of evidence. The immigration judge 
        shall have authority (under regulations prescribed by the 
        Attorney General) to sanction by civil money penalty any action 
        (or inaction) in contempt of the judge's proper exercise of 
        authority under this Act.
          ``(2) Form of proceeding.--
                  ``(A) In general.--The proceeding may take place--
                          ``(i) in person,
                          ``(ii) through video conference, or
                          ``(iii) subject to subparagraph (B), through 
                        telephone conference.
                  ``(B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be conducted 
                through a telephone conference with the consent of the 
                alien involved after the alien has been advised of the 
                right to proceed in person or through video conference.
          ``(3) Presence of alien.--If it is impracticable by reason of 
        an alien's mental incompetency for the alien to be present at 
        the proceeding, the Attorney General shall prescribe safeguards 
        to protect the rights and privileges of the alien.
          ``(4) Aliens rights in proceeding.--In proceedings under this 
        section, under regulations of the Attorney General--
                  ``(A) the alien shall have the privilege of being 
                represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings,
                  ``(B) the alien shall have a reasonable opportunity 
                to examine the evidence against the alien, to present 
                evidence on the alien's own behalf, and to cross-
                examine witnesses presented by the Government, and
                  ``(C) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
          ``(5) Consequences of failure to appear.--
                  ``(A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of section 
                239(a) has been provided to the alien or the alien's 
                counsel of record, does not attend a proceeding under 
                this section, shall be ordered removed in absentia if 
                the Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was so 
                provided and that the alien is removable (as defined in 
                subsection (e)(2)). The written notice by the Attorney 
                General shall be considered sufficient for purposes of 
                this subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                  ``(B) No notice if failure to provide address 
                information.--No written notice shall be required under 
                subparagraph (A) if the alien has failed to provide the 
                address required under section 239(a)(1)(F).
                  ``(C) Rescission of order.--Such an order may be 
                rescinded only--
                          ``(i) upon a motion to reopen filed within 
                        180 days after the date of the order of removal 
                        if the alien demonstrates that the failure to 
                        appear was because of exceptional circumstances 
                        (as defined in subsection (e)(1)), or
                          ``(ii) upon a motion to reopen filed at any 
                        time if the alien demonstrates that the alien 
                        did not receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) or the 
                        alien demonstrates that the alien was in 
                        Federal or State custody and did not appear 
                        through no fault of the alien.
                The filing of the motion to reopen described in clause 
                (i) or (ii) shall stay the removal of the alien pending 
                disposition of the motion.
                  ``(D) Effect on judicial review.--Any petition for 
                review under section 242 of an order entered in 
                absentia under this paragraph shall (except in cases 
                described in section 242(b)(5)) be confined to (i) the 
                validity of the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the proceeding, 
                and (iii) whether or not the alien is removable.
          ``(6) Treatment of frivolous behavior.--The Attorney General 
        shall, by regulation--
                  ``(A) define in a proceeding before an immigration 
                judge or before an appellate administrative body under 
                this title, frivolous behavior for which attorneys may 
                be sanctioned,
                  ``(B) specify the circumstances under which an 
                administrative appeal of a decision or ruling will be 
                considered frivolous and will be summarily dismissed, 
                and
                  ``(C) impose appropriate sanctions (which may include 
                suspension and disbarment) in the case of frivolous 
                behavior.
        Nothing in this paragraph shall be construed as limiting the 
        authority of the Attorney General to take actions with respect 
        to inappropriate behavior.
          ``(7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of removal is 
        entered in absentia under this subsection and who, at the time 
        of the notice described in paragraph (1) or (2) of section 
        239(a), was provided oral notice, either in the alien's native 
        language or in another language the alien understands, of the 
        time and place of the proceedings and of the consequences under 
        this paragraph of failing, other than because of exceptional 
        circumstances (as defined in subsection (e)(1)) to attend a 
        proceeding under this section, shall not be eligible for relief 
        under section 240A, 240B, 245, 248, or 249 for a period of 10 
        years after the date of the entry of the final order of 
        removal.
  ``(c) Decision and Burden of Proof.--
          ``(1) Decision.--
                  ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing.
                  ``(B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical officers 
                has certified under section 232(b) that an alien has a 
                disease, illness, or addiction which would make the 
                alien inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge shall be 
                based solely upon such certification.
          ``(2) Burden on alien.--In the proceeding the alien has the 
        burden of establishing--
                  ``(A) if the alien is an applicant for admission, 
                that the alien is clearly and beyond doubt entitled to 
                be admitted and is not inadmissible under section 212; 
                or
                  ``(B) by clear and convincing evidence, that the 
                alien is lawfully present in the United States pursuant 
                to a prior admission.
        In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents, not 
        considered by the Attorney General to be confidential, 
        pertaining to the alien's admission or presence in the United 
        States.
          ``(3) Burden on service in cases of deportable aliens.--In 
        the proceeding the Service has the burden of establishing by 
        clear and convincing evidence that, in the case of an alien who 
        has been admitted to the United States, the alien is 
        deportable. No decision on deportability shall be valid unless 
        it is based upon reasonable, substantial, and probative 
        evidence.
          ``(4) Notice.--If the immigration judge decides that the 
        alien is removable and orders the alien to be removed, the 
        judge shall inform the alien of the right to appeal that 
        decision and of the consequences for failure to depart under 
        the order of removal, including civil and criminal penalties.
          ``(5) Motions to reconsider.--
                  ``(A) In general.--The alien may file one motion to 
                reconsider a decision that the alien is removable from 
                the United States.
                  ``(B) Deadline.--The motion must be filed within 30 
                days of the date of entry of a final administrative 
                order of removal.
                  ``(C) Contents.--The motion shall specify the errors 
                of law or fact in the previous order and shall be 
                supported by pertinent authority.
          ``(6) Motions to reopen.--
                  ``(A) In general.--An alien may file one motion to 
                reopen proceedings under this section.
                  ``(B) Contents.--The motion to reopen shall state the 
                new facts that will be proven at a hearing to be held 
                if the motion is granted, and shall be supported by 
                affidavits or other evidentiary material.
                  ``(C) Deadline.--
                          ``(i) In general.--Except as provided in this 
                        subparagraph, the motion to reopen shall be 
                        filed within 90 days of the date of entry of a 
                        final administrative order of removal.
                          ``(ii) Asylum.--There is no time limit on the 
                        filing of a motion to reopen if the basis of 
                        the motion is to apply for relief under 
                        sections 208 or 241(b)(3) and is based on 
                        changed country conditions arising in the 
                        country of nationality or the country to which 
                        removal has been ordered, if such evidence is 
                        material and was not available and would not 
                        have been discovered or presented at the 
                        previous proceeding.
                          ``(iii) Failure to appear.--A motion to 
                        reopen may be filed within 180 days after the 
                        date of the final order of removal if the order 
                        has been entered pursuant to subsection (b)(5) 
                        due to the alien's failure to appear for 
                        proceedings under this section and the alien 
                        establishes that the alien's failure to appear 
                        was because of exceptional circumstances beyond 
                        the control of the alien or because the alien 
                        did not receive the notice required under 
                        section 239(a)(2).
  ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. A stipulated order shall constitute a conclusive determination 
of the alien's removability from the United States.
  ``(e) Definitions.--In this section and section 240A:
          ``(1) Exceptional circumstances.--The term `exceptional 
        circumstances' refers to exceptional circumstances (such as 
        serious illness of the alien or serious illness or death of the 
        spouse, child, or parent of the alien, but not including less 
        compelling circumstances) beyond the control of the alien.
          ``(2) Removable.--The term `removable' means--
                  ``(A) in the case of an alien not admitted to the 
                United States, that the alien is inadmissible under 
                section 212, or
                  ``(B) in the case of an alien admitted to the United 
                States, that the alien is deportable under section 237.
            ``cancellation of removal; adjustment of status
  ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if the 
alien--
          ``(1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
          ``(2) has resided in the United States continuously for 7 
        years after having been admitted in any status, and
          ``(3) has not been convicted of an aggravated felony or 
        felonies for which the alien has been sentenced, in the 
        aggregate, to a term of imprisonment of at least 5 years.
  ``(b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--
          ``(1) In general.--The Attorney General may cancel removal in 
        the case of an alien who is inadmissible or deportable from the 
        United States if the alien--
                  ``(A) has been physically present in the United 
                States for a continuous period of not less than 7 years 
                immediately preceding the date of such application;
                  ``(B) has been a person of good moral character 
                during such period;
                  ``(C) has not been convicted of an aggravated felony; 
                and
                  ``(D) establishes that removal would result in 
                extreme hardship to the alien or to the alien's spouse, 
                parent, or child, who is a citizen of the United States 
                or an alien lawfully admitted for permanent residence.
          ``(2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an alien who 
        is inadmissible or deportable from the United States if the 
        alien--
                  ``(A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or parent who 
                is a United States citizen or lawful permanent resident 
                (or is the parent of a child of a United States citizen 
                or lawful permanent resident and the child has been 
                battered or subjected to extreme cruelty in the United 
                States by such citizen or permanent resident parent);
                  ``(B) has been physically present in the United 
                States for a continuous period of not less than 3 years 
                immediately preceding the date of such application;
                  ``(C) has been a person of good moral character 
                during such period;
                  ``(D) is not inadmissible under paragraph (2) or (3) 
                of section 212(a), is not deportable under paragraph 
                (1)(G) or (2) through (4) of section 237(a), and has 
                not been convicted of an aggravated felony; and
                  ``(E) establishes that removal would result in 
                extreme hardship to the alien, the alien's child, or 
                (in the case of an alien who is a child) to the alien's 
                parent.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.
          ``(3) Adjustment of status.--The Attorney General may adjust 
        to the status of an alien lawfully admitted for permanent 
        residence any alien who the Attorney General determines meets 
        the requirements of paragraph (1) or (2). The number of 
        adjustments under this paragraph shall not exceed 4,000 for any 
        fiscal year. The Attorney General shall record the alien's 
        lawful admission for permanent residence as of the date the 
        Attorney General's cancellation of removal under paragraph (1) 
        or (2) or determination under this paragraph.
  ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
          ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
          ``(2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
          ``(3) An alien who--
                  ``(A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                  ``(B) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                  ``(C) has not fulfilled that requirement or received 
                a waiver thereof.
          ``(4) An alien who is inadmissible under section 212(a)(3) or 
        deportable under subparagraph (B) or (D) of section 237(a)(4).
  ``(d) Special Rules Relating to Continuous Residence or Physical 
Presence.--
          ``(1) Termination of continuous period.--For purposes of this 
        section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end 
        when the alien is served a notice to appear under section 
        239(a).
          ``(2) Treatment of certain breaks in presence.--An alien 
        shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsections (b)(1) 
        and (b)(2) if the alien has departed from the United States for 
        any periods in the aggregate exceeding 180 days, unless the 
        Attorney General finds that return could not be accomplished 
        within that time period due to emergent reasons.
          ``(3) Continuity not required because of honorable service in 
        armed forces and presence upon entry into service.--The 
        requirements of continuous residence or continuous physical 
        presence in the United States under subsections (a) and (b) 
        shall not apply to an alien who--
                  ``(A) has served for a minimum period of 24 months in 
                an active-duty status in the Armed Forces of the United 
                States and, if separated from such service, was 
                separated under honorable conditions, and
                  ``(B) at the time of the alien's enlistment or 
                induction was in the United States.
                         ``voluntary departure
  ``Sec. 240B. (a) Certain Conditions.--
          ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection, in lieu of being subject to 
        proceedings under section 240 or prior to the completion of 
        such proceedings, if the alien is not deportable under section 
        237(a)(2)(A)(iii) or section 237(a)(4)(B).
          ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 120 days.
          ``(3) Bond.--The Attorney General may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
          ``(4) Treatment of aliens arriving in the united states.--In 
        the case of an alien who is arriving in the United States and 
        with respect to whom proceedings under section 240 are (or 
        would otherwise be) initiated at the time of such alien's 
        arrival, paragraph (1) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an alien from 
        withdrawing the application for admission in accordance with 
        section 235(a)(4).
  ``(b) At Conclusion of Proceedings.--
          ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense if, at the conclusion of a proceeding under section 
        240, the immigration judge enters an order granting voluntary 
        departure in lieu of removal and finds that--
                  ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                  ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                  ``(C) the alien is not deportable under section 
                237(a)(2)(A)(iii) or section 237(a)(4); and
                  ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
          ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 60 days.
          ``(3) Bond.--An alien permitted to depart voluntarily under 
        this subsection shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
  ``(c) Aliens Not Eligible.--The Attorney General shall not permit an 
alien to depart voluntarily under this section if the alien was 
previously permitted to so depart after having been found inadmissible 
under section 212(a)(9).
  ``(d) Civil Penalty for Failure to Depart.--If an alien is permitted 
to depart voluntarily under this section and fails voluntarily to 
depart the United States within the time period specified, the alien 
shall be subject to a civil penalty of not less than $1,000 and not 
more than $5,000, and be ineligible for a period of 10 years for any 
further relief under this section and sections 240A, 245, 248, and 249.
  ``(e) Additional Conditions.--The Attorney General may by regulation 
limit eligibility for voluntary departure under this section for any 
class or classes of aliens.
  ``(f) Appeals of Denials.--An alien may appeal from denial of a 
request for an order of voluntary departure under subsection (b) in 
accordance with the procedures in section 242. Notwithstanding the 
pendency of such appeal, the alien shall be removable from the United 
States 60 days after entry of the order of removal. The alien's removal 
from the United States shall not moot the appeal.''.
  (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is 
repealed.

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 
                    241).

  (a) In General.--Title II is further amended--
          (1) by striking section 237 (8 U.S.C. 1227),
          (2) by redesignating section 241 as section 237 and by moving 
        such section to immediately follow section 236, and
          (3) by inserting after section 240C (as redesignated by 
        section 304(a)(2)) the following new section:
           ``detention and removal of aliens ordered removed
  ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered 
Removed.--
          ``(1) Removal period.--
                  ``(A) In general.--Except as otherwise provided in 
                this section, when an alien is ordered removed, the 
                Attorney General shall remove the alien from the United 
                States within a period of 90 days (in this section 
                referred to as the `removal period').
                  ``(B) Beginning of period.--The removal period begins 
                on the latest of the following:
                          ``(i) The date the order of removal becomes 
                        administratively final.
                          ``(ii) If the removal order is judicially 
                        reviewed and such review serves to stay the 
                        removal of the alien, the date of the court's 
                        final order.
                          ``(iii) If the alien is detained or confined 
                        (except under an immigration process), the date 
                        the alien is released from detention or 
                        confinement.
                  ``(C) Suspension of period.--The removal period shall 
                be extended beyond a period of 90 days and the alien 
                may remain in detention during such extended period if 
                the alien willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure or conspires or acts 
                to prevent the alien's removal subject to an order of 
                removal.
          ``(2) Detention and release by the attorney general.--During 
        the removal period, the Attorney General shall detain the 
        alien. If there is insufficient detention space to detain the 
        alien, the Attorney General shall make a specific finding to 
        this effect and may release the alien on a bond containing such 
        conditions as the Attorney General may prescribe.
          ``(3) Supervision after 90-day period.--If the alien does not 
        leave or is not removed within the removal period, the alien, 
        pending removal, shall be subject to supervision under 
        regulations prescribed by the Attorney General. The regulations 
        shall include provisions requiring the alien--
                  ``(A) to appear before an immigration officer 
                periodically for identification;
                  ``(B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the United 
                States Government;
                  ``(C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other information the 
                Attorney General considers appropriate; and
                  ``(D) to obey reasonable written restrictions on the 
                alien's conduct or activities that the Attorney General 
                prescribes for the alien.
          ``(4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--Except as provided in section 343(a) of 
        the Public Health Service Act (42 U.S.C. 259(a)), the Attorney 
        General may not remove an alien who is sentenced to 
        imprisonment until the alien is released from imprisonment. 
        Parole, supervised release, probation, or possibility of arrest 
        or further imprisonment is not a reason to defer removal.
          ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds that an 
        alien has reentered the United States illegally after having 
        been removed or having departed voluntarily, under an order of 
        removal, the prior order of removal is reinstated from its 
        original date and is not subject to being reopened or reviewed, 
        and the alien shall be removed under the prior order at any 
        time after the reentry.
          ``(6) Inadmissible aliens.--An alien ordered removed who is 
        inadmissible under section 212 may be detained beyond the 
        removal period and, if released, shall be subject to the terms 
        of supervision in paragraph (3).
          ``(7) Employment authorization.--No alien ordered removed 
        shall be eligible to receive authorization to be employed in 
        the United States unless the Attorney General makes a specific 
        finding that--
                  ``(A) the alien cannot be removed due to the refusal 
                of all countries designated by the alien or under this 
                section to receive the alien, or
                  ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public interest.
  ``(b) Countries to Which Aliens May Be Removed.--
          ``(1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                  ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives at the 
                United States and with respect to whom proceedings 
                under section 240 were initiated at the time of such 
                alien's arrival shall be removed to the country in 
                which the alien boarded the vessel or aircraft on which 
                the alien arrived in the United States.
                  ``(B) Travel from contiguous territory.--If the alien 
                boarded the vessel or aircraft on which the alien 
                arrived in the United States in a foreign territory 
                contiguous to the United States, an island adjacent to 
                the United States, or an island adjacent to a foreign 
                territory contiguous to the United States, and the 
                alien is not a native, citizen, subject, or national 
                of, or does not reside in, the territory or island, 
                removal shall be to the country in which the alien 
                boarded the vessel that transported the alien to the 
                territory or island.
                  ``(C) Alternative countries.--If the government of 
                the country designated in subparagraph (A) or (B) is 
                unwilling to accept the alien into that country's 
                territory, removal shall be to any of the following 
                countries, as directed by the Attorney General:
                          ``(i) The country of which the alien is a 
                        citizen, subject, or national.
                          ``(ii) The country in which the alien was 
                        born.
                          ``(iii) The country in which the alien has a 
                        residence.
                          ``(iv) A country with a government that will 
                        accept the alien into the country's territory 
                        if removal to each country described in a 
                        previous clause of this subparagraph is 
                        impracticable, inadvisable, or impossible.
          ``(2) Other aliens.--Subject to paragraph (3)--
                  ``(A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                          ``(i) any alien not described in paragraph 
                        (1) who has been ordered removed may designate 
                        one country to which the alien wants to be 
                        removed, and
                          ``(ii) the Attorney General shall remove the 
                        alien to the country the alien so designates.
                  ``(B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign territory 
                contiguous to the United States, an adjacent island, or 
                an island adjacent to a foreign territory contiguous to 
                the United States as the place to which the alien is to 
                be removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, that 
                designated territory or island.
                  ``(C) Disregarding designation.--The Attorney General 
                may disregard a designation under subparagraph (A)(i) 
                if--
                          ``(i) the alien fails to designate a country 
                        promptly;
                          ``(ii) the government of the country does not 
                        inform the Attorney General finally, within 30 
                        days after the date the Attorney General first 
                        inquires, whether the government will accept 
                        the alien into the country;
                          ``(iii) the government of the country is not 
                        willing to accept the alien into the country; 
                        or
                          ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                  ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                          ``(i) does not inform the Attorney General or 
                        the alien finally, within 30 days after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                          ``(ii) is not willing to accept the alien 
                        into the country.
                  ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                          ``(i) The country from which the alien was 
                        admitted to the United States.
                          ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                          ``(iii) A country in which the alien resided 
                        before the alien entered the country from which 
                        the alien entered the United States.
                          ``(iv) The country in which the alien was 
                        born.
                          ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                          ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                          ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                  ``(F) Removal country when united states is at war.--
                When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                          ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                          ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
  ``(c) Removal of Aliens Arriving at Port of Entry.--
          ``(1) Vessels and aircraft.--An alien arriving at a port of 
        entry of the United States who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft on which 
        the alien arrived in the United States, unless--
                  ``(A) it is impracticable to remove the alien on one 
                of those vessels or aircraft within a reasonable time, 
                or
                  ``(B) the alien is a stowaway--
                          ``(i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                          ``(ii) who has requested asylum, and
                          ``(iii) whose application has not been 
                        adjudicated or whose asylum application has 
                        been denied but who has not exhausted all 
                        appeal rights.
          ``(2) Stay of removal.--
                  ``(A) In general.--The Attorney General may stay the 
                removal of an alien under this subsection if the 
                Attorney General decides that--
                          ``(i) immediate removal is not practicable or 
                        proper; or
                          ``(ii) the alien is needed to testify in the 
                        prosecution of a person for a violation of a 
                        law of the United States or of any State.
                  ``(B) Payment of detention costs.--During the period 
                an alien is detained because of a stay of removal under 
                subparagraph (A)(ii), the Attorney General may pay from 
                the appropriation `Immigration and Naturalization 
                Service--Salaries and Expenses'--
                          ``(i) the cost of maintenance of the alien; 
                        and
                          ``(ii) a witness fee of $1 a day.
                  ``(C) Release during stay.--The Attorney General may 
                release an alien whose removal is stayed under 
                subparagraph (A)(ii) on--
                          ``(i) the alien's filing a bond of at least 
                        $500 with security approved by the Attorney 
                        General;
                          ``(ii) condition that the alien appear when 
                        required as a witness and for removal; and
                          ``(iii) other conditions the Attorney General 
                        may prescribe.
          ``(3) Costs of detention and maintenance pending removal.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B) and subsection (d), an owner of a vessel or 
                aircraft bringing an alien to the United States shall 
                pay the costs of detaining and maintaining the alien--
                          ``(i) while the alien is detained under 
                        subsection (d)(1), and
                          ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to--
                                  ``(I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                  ``(II) subsection (d)(2)(B)(ii) or 
                                (iii) for the period of time reasonably 
                                necessary for the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining necessary 
                                travel documents, but not to extend 
                                beyond the date on which it is 
                                ascertained that such travel documents 
                                cannot be obtained from the country to 
                                which the stowaway is to be returned, 
                                or
                                  ``(III) section 235(b)(1)(B)(ii), for 
                                a period not to exceed 15 days 
                                (excluding Saturdays, Sundays, and 
                                holidays) commencing on the first such 
                                day which begins on the earlier of 72 
                                hours after the time of the initial 
                                presentation of the stowaway for 
                                inspection or at the time the stowaway 
                                is determined to have a credible fear 
                                of persecution.
                  ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                          ``(i) the alien is a crewmember;
                          ``(ii) the alien has an immigrant visa;
                          ``(iii) the alien has a nonimmigrant visa or 
                        other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                          ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                          ``(v)(I) the alien has a nonimmigrant visa or 
                        other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                          ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                          ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                          ``(vi) the individual claims to be a national 
                        of the United States and has a United States 
                        passport.
   ``(d) Requirements of Persons Providing Transportation.--
          ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                  ``(A) receive an alien back on the vessel or aircraft 
                or another vessel or aircraft owned or operated by the 
                same interests if the alien is ordered removed under 
                this part; and
                  ``(B) take the alien to the foreign country to which 
                the alien is ordered removed.
          ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                  ``(A) shall detain the alien on board the vessel or 
                aircraft, or at such place as the Attorney General 
                shall designate, until completion of the inspection of 
                the alien by an immigration officer;
                  ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                          ``(i) for medical treatment,
                          ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                          ``(iii) for departure or removal of the 
                        stowaway; and
                  ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
        The Attorney General shall grant a timely request to remove the 
        stowaway under subparagraph (C) on a vessel or aircraft other 
        than that on which the stowaway arrived if any travel documents 
        necessary for departure or repatriation of the stowaway have 
        been obtained and removal of the stowaway will not be 
        unreasonably delayed.
          ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
  ``(e) Payment of Expenses of Removal.--
          ``(1) Costs of removal at time of arrival.--In the case of an 
        alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                  ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                  ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
          ``(2) Costs of removal to port of removal for aliens admitted 
        or permitted to land.--In the case of an alien who has been 
        admitted or permitted to land and is ordered removed, the cost 
        (if any) of removal of the alien to the port of removal shall 
        be at the expense of the appropriation for the enforcement of 
        this Act.
          ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                  ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                  ``(B) Through owner.--
                          ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                          ``(ii) Aliens described.--An alien described 
                        in this clause is an alien who--
                                  ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                  ``(II) is an alien crewman permitted 
                                to land temporarily under section 252 
                                and is ordered removed within 5 years 
                                of the date of landing.
                  ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
  ``(f) Aliens Requiring Personal Care During Removal.--
          ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
          ``(2) Costs.--The costs of providing the service described in 
        paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
  ``(g) Places of Detention.--
          ``(1) In general.--The Attorney General shall arrange for 
        appropriate places of detention for aliens detained pending 
        removal or a decision on removal. When United States Government 
        facilities are unavailable or facilities adapted or suitably 
        located for detention are unavailable for rental, the Attorney 
        General may expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without regard 
        to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
        necessary to acquire land and to acquire, build, remodel, 
        repair, and operate facilities (including living quarters for 
        immigration officers if not otherwise available) necessary for 
        detention.
          ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any project for 
        the construction of any new detention facility for the Service, 
        the Commissioner shall consider the availability for purchase 
        or lease of any existing prison, jail, detention center, or 
        other comparable facility suitable for such use.
  ``(h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.''.
  (b) Modification of Authority.--
          (1) Section 241(i), as redesignated by section 306(a)(1), is 
        amended--
                  (A) in paragraph (3)(A) by striking ``felony and 
                sentenced to a term of imprisonment'' and inserting 
                ``felony or two or more misdemeanors'', and
                  (B) by adding at the end the following new paragraph:
          ``(6) In this subsection, the term `incarceration' includes 
        imprisonment in a State or local prison or jail the time of 
        which is counted towards completion of a sentence or the 
        detention of an alien previously convicted of a felony or 
        misdemeanor who has been arrested and is being held pending 
        judicial action on new charges or pending transfer to Federal 
        custody.''.
          (2) The amendments made by paragraph (1) shall apply 
        beginning with fiscal year 1996.
  (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)), as amended by section 621(a), is amended by striking 
``241(a)(5)(B)'' each place it appears and inserting ``237(a)(5)(B)''.

SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

  (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
          (1) by redesignating subsection (j) as subsection (i) and by 
        moving such subsection and adding it at the end of section 241, 
        as inserted by section 305(a)(3); and
          (2) by amending the remainder of section 242 to read as 
        follows:
                 ``judicial review of orders of removal
  ``Sec. 242. (a) Applicable Provisions.--
          ``(1) General orders of removal.--Judicial review of a final 
        order of removal (other than an order of removal without a 
        hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
          ``(2) Limitations on review relating to section 235(b)(1).--
        Notwithstanding any other provision of law, no court shall have 
        jurisdiction to review--
                  ``(A) except as provided in subsection (f), any 
                individual determination or to entertain any other 
                cause or claim arising from or relating to the 
                implementation or operation of an order of removal 
                pursuant to section 235(b)(1),
                  ``(B) a decision by the Attorney General to invoke 
                the provisions of such section,
                  ``(C) the application of such section to individual 
                aliens, including the determination made under section 
                235(b)(1)(B), or
                  ``(D) procedures and policies adopted by the Attorney 
                General to implement the provisions of section 
                235(b)(1).
          ``(3) Treatment of certain decisions.--No alien shall have a 
        right to appeal from a decision of an immigration judge which 
        is based solely on a certification described in section 
        240(c)(1)(B).
  ``(b) Requirements for Orders of Removal.--With respect to review of 
an order of removal under subsection (a)(1), the following requirements 
apply:
          ``(1) Deadline.--The petition for review must be filed not 
        later than 30 days after the date of the final order of 
        removal.
          ``(2) Venue and forms.--The petition for review shall be 
        filed with the court of appeals for the judicial circuit in 
        which the immigration judge completed the proceedings. The 
        record and briefs do not have to be printed. The court of 
        appeals shall review the proceeding on a typewritten record and 
        on typewritten briefs.
          ``(3) Service.--
                  ``(A) In general.--The respondent is the Attorney 
                General. The petition shall be served on the Attorney 
                General and on the officer or employee of the Service 
                in charge of the Service district in which the initial 
                proceedings under section 240 were conducted.
                  ``(B) Stay of order.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), service of the petition on the 
                        officer or employee stays the removal of an 
                        alien pending the court's decision on the 
                        petition, unless the court orders otherwise.
                          ``(ii) Exception.--If the alien has been 
                        convicted of an aggravated felony, or the alien 
                        has been ordered removed pursuant to a finding 
                        that the alien is inadmissible under section 
                        212, service of the petition does not stay the 
                        removal unless the court orders otherwise.
          ``(4) Decision.--Except as provided in paragraph (5)(B)--
                  ``(A) the court of appeals shall decide the petition 
                only on the administrative record on which the order of 
                removal is based,
                  ``(B) the administrative findings of fact are 
                conclusive if supported by reasonable, substantial, and 
                probative evidence on the record considered as a whole, 
                and
                  ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law.
          ``(5) Treatment of nationality claims.--
                  ``(A) Court determination if no issue of fact.--If 
                the petitioner claims to be a national of the United 
                States and the court of appeals finds from the 
                pleadings and affidavits that no genuine issue of 
                material fact about the petitioner's nationality is 
                presented, the court shall decide the nationality 
                claim.
                  ``(B) Transfer if issue of fact.--If the petitioner 
                claims to be a national of the United States and the 
                court of appeals finds that a genuine issue of material 
                fact about the petitioner's nationality is presented, 
                the court shall transfer the proceeding to the district 
                court of the United States for the judicial district in 
                which the petitioner resides for a new hearing on the 
                nationality claim and a decision on that claim as if an 
                action had been brought in the district court under 
                section 2201 of title 28, United States Code.
                  ``(C) Limitation on determination.--The petitioner 
                may have such nationality claim decided only as 
                provided in this paragraph.
          ``(6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order under 
        this section, any review sought of a motion to reopen or 
        reconsider the order shall be consolidated with the review of 
        the order.
          ``(7) Challenge to validity of orders in certain criminal 
        proceedings.--
                  ``(A) In general.--If the validity of an order of 
                removal has not been judicially decided, a defendant in 
                a criminal proceeding charged with violating section 
                243(a) may challenge the validity of the order in the 
                criminal proceeding only by filing a separate motion 
                before trial. The district court, without a jury, shall 
                decide the motion before trial.
                  ``(B) Claims of united states nationality.--If the 
                defendant claims in the motion to be a national of the 
                United States and the district court finds that--
                          ``(i) no genuine issue of material fact about 
                        the defendant's nationality is presented, the 
                        court shall decide the motion only on the 
                        administrative record on which the removal 
                        order is based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative evidence 
                        on the record considered as a whole; or
                          ``(ii) a genuine issue of material fact about 
                        the defendant's nationality is presented, the 
                        court shall hold a new hearing on the 
                        nationality claim and decide that claim as if 
                        an action had been brought under section 2201 
                        of title 28, United States Code.
                The defendant may have such nationality claim decided 
                only as provided in this subparagraph.
                  ``(C) Consequence of invalidation.--If the district 
                court rules that the removal order is invalid, the 
                court shall dismiss the indictment for violation of 
                section 243(a). The United States Government may appeal 
                the dismissal to the court of appeals for the 
                appropriate circuit within 30 days after the date of 
                the dismissal.
                  ``(D) Limitation on filing petitions for review.--The 
                defendant in a criminal proceeding under section 243(a) 
                may not file a petition for review under subsection (a) 
                during the criminal proceeding.
          ``(8) Construction.--This subsection--
                  ``(A) does not prevent the Attorney General, after a 
                final order of removal has been issued, from detaining 
                the alien under section 241(a);
                  ``(B) does not relieve the alien from complying with 
                section 241(a)(4) and section 243(g); and
                  ``(C) except as provided in paragraph (3), does not 
                require the Attorney General to defer removal of the 
                alien.
  ``(c) Requirements for Petition.--A petition for review or for habeas 
corpus of an order of removal shall state whether a court has upheld 
the validity of the order, and, if so, shall state the name of the 
court, the date of the court's ruling, and the kind of proceeding.
  ``(d) Review of Final Orders.--A court may review a final order of 
removal only if--
          ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, and
          ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
  ``(e) Limited Review for Non-Permanent Residents Convicted of 
Aggravated Felonies.--
          ``(1) In general.--A petition for review filed by an alien 
        against whom a final order of removal has been issued under 
        section 238 may challenge only whether--
                  ``(A) the alien is the alien described in the order,
                  ``(B) the alien is an alien described in section 
                238(b)(2) and has been convicted after entry into the 
                United States of an aggravated felony, and
                  ``(C) proceedings against the alien complied with 
                section 238(b)(4).
          ``(2) Limited jurisdiction.--A court reviewing the petition 
        has jurisdiction only to review the issues described in 
        paragraph (1).
  ``(f) Judicial Review of Orders Under Section 235(b)(1).--
          ``(1) Application.--The provisions of this subsection apply 
        with respect to judicial review of orders of removal effected 
        under section 235(b)(1).
          ``(2) Limitations on relief.--Regardless of the nature of the 
        action or claim and regardless of the identity of the party or 
        parties bringing the action, no court shall have jurisdiction 
        or authority to enter declaratory, injunctive, or other 
        equitable relief not specifically authorized in this 
        subsection, or to certify a class under Rule 23 of the Federal 
        Rules of Civil Procedure.
          ``(3) Limitation to habeas corpus.--Judicial review of any 
        matter, cause, claim, or individual determination made or 
        arising under or pertaining to section 235(b)(1) shall only be 
        available in habeas corpus proceedings, and shall be limited to 
        determinations of--
                  ``(A) whether the petitioner is an alien,
                  ``(B) whether the petitioner was ordered removed 
                under such section, and
                  ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the petitioner is an 
                alien lawfully admitted for permanent residence and is 
                entitled to such further inquiry as prescribed by the 
                Attorney General pursuant to section 235(b)(1)(C).
          ``(4) Decision.--In any case where the court determines that 
        the petitioner--
                  ``(A) is an alien who was not ordered removed under 
                section 235(b)(1), or
                  ``(B) has demonstrated by a preponderance of the 
                evidence that the alien is a lawful permanent resident,
        the court may order no remedy or relief other than to require 
        that the petitioner be provided a hearing in accordance with 
        section 240. Any alien who is provided a hearing under section 
        240 pursuant to this paragraph may thereafter obtain judicial 
        review of any resulting final order of removal pursuant to 
        subsection (a)(1).
          ``(5) Scope of inquiry.--In determining whether an alien has 
        been ordered removed under section 235(b)(1), the court's 
        inquiry shall be limited to whether such an order in fact was 
        issued and whether it relates to the petitioner. There shall be 
        no review of whether the alien is actually inadmissible or 
        entitled to any relief from removal.
  ``(g) Limit on Injunctive Relief.--Regardless of the nature of the 
action or claim or of the identity of the party or parties bringing the 
action, no court (other than the Supreme Court) shall have jurisdiction 
or authority to enjoin or restrain the operation of the provisions of 
chapter 4 of title II, as amended by the Immigration in the National 
Interest Act of 1995, other than with respect to the application of 
such provisions to an individual alien against whom proceedings under 
such chapter have been initiated.''.
  (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is repealed.

SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

  (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as 
follows:
                     ``penalties related to removal
  ``Sec. 243. (a) Penalty for Failure to Depart.--
          ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a), who--
                  ``(A) willfully fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                  ``(B) willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                  ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                  ``(D) willfully fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the alien 
        is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 237(a)), or both.
          ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
          ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                  ``(A) the age, health, and period of detention of the 
                alien;
                  ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                  ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                  ``(D) the character of the efforts made by such alien 
                himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                  ``(E) the reason for the inability of the Government 
                of the United States to secure passports, other travel 
                documents, or removal facilities from the country or 
                countries to which the alien has been ordered removed; 
                and
                  ``(F) the eligibility of the alien for discretionary 
                relief under the immigration laws.
  ``(b) Willful Failure to Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 241(a)(3) or 
knowingly give false information in response to an inquiry under such 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both.
  ``(c) Penalties Relating to Vessels and Aircraft.--
          ``(1) Civil penalties.--
                  ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241, the 
                person shall pay to the Commissioner the sum of $2,000 
                for each violation.
                  ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2), the person shall pay to the Commissioner the 
                sum of $5,000 for each alien stowaway not removed.
                  ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
          ``(2) Clearing vessels and aircraft.--
                  ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                  ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
  ``(d) Discontinuing Granting Visas to Nationals of Country Denying or 
Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.''.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 
                    ADDITIONAL CONFORMING AMENDMENTS.

  (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by section 
851(d)(1), is amended--
          (1) by striking the item relating to section 106, and
          (2) by striking the item relating to chapter 4 of title II 
        and all that follows through the item relating to section 244A 
        and inserting the following:

    ``chapter 4--inspection, apprehension, examination, exclusion, and 
                                 removal

``Sec. 231.  Lists of alien and citizen passengers arriving or 
departing; record of resident aliens and citizens leaving permanently 
for foreign country.
``Sec. 232.  Detention of aliens for physical and mental examination.
``Sec. 233.  Entry through or from foreign contiguous territory and 
adjacent islands; landing stations.
``Sec. 234.  Designation of ports of entry for aliens arriving by civil 
aircraft.
``Sec. 235.  Inspection by immigration officers; expedited removal of 
inadmissible arriving aliens; referral for hearing.
``Sec. 236.  Apprehension and detention of aliens not lawfully in the 
United States.
``Sec. 237.  General classes of deportable aliens.
``Sec. 238.  Expedited removal of aliens convicted of committing 
aggravated felonies.
``Sec. 239.  Initiation of removal proceedings.
``Sec. 240.  Removal proceedings.
``Sec. 240A. Cancellation of removal; adjustment of status.
``Sec. 240B. Voluntary departure.
``Sec. 240C. Records of admission.
``Sec. 241.  Detention and removal of aliens ordered removed.
``Sec. 242.  Judicial review of orders of removal.
``Sec. 243.  Penalties relating to removal.
``Sec. 244.  Temporary protected status.

              ``chapter 5--adjustment and change of status''

  (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title II 
are amended as follows:
          (1) Amending chapter heading.--Amend the heading for chapter 
        4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''

          (2) Redesignating section 232 as section 232(a).--Amend 
        section 232 (8 U.S.C. 1222)--
                  (A) by inserting ``(a) Detention of Aliens.--'' after 
                ``Sec. 232.'', and
                  (B) by amending the section heading to read as 
                follows:
      ``detention of aliens for physical and mental examination''.
          (3) Redesignating section 234 as section 232(b).--Amend 
        section 234 (8 U.S.C. 1224)--
                  (A) by striking the heading,
                  (B) by striking ``Sec. 234.'' and inserting the 
                following: ``(b) Physical and Mental Examination.--'', 
                and
                  (C) by moving such provision to the end of section 
                232.
          (4) Redesignating section 238 as section 233.--Redesignate 
        section 238 (8 U.S.C. 1228) as section 233 and move the section 
        to immediately follow section 232.
          (5) Redesignating section 242a as section 238.--Redesignate 
        section 242A as section 238, strike ``deportation'' in its 
        heading and insert ``removal'', and move the section to 
        immediately follow section 237 (as redesignated by section 
        305(a)(2)).
          (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
        1252b).
          (7) Striking section 244 and redesignating section 244a as 
        section 244.--Strike section 244 and redesignate section 244A 
        as section 244.
          (8) Amending chapter heading.--Amend the heading for chapter 
        5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

  (c) Additional Conforming Amendments.--
          (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(5), was section 242A) is amended--
                  (A) in subsection (a)(1), by striking ``section 242'' 
                and inserting ``section 240'';
                  (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(c)''; and
                  (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
          (2) Treatment of certain helpless aliens.--
                  (A) Certification of helpless aliens.--Section 232, 
                as amended by section 308(b)(2), is further amended by 
                adding at the end the following new subsection:
  ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness, mental or physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(10)(B) with respect 
to the other alien.''.
                  (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(10) (8 
                U.S.C. 1182(a)(10)), as redesignated by section 
                301(a)(1), is amended to read as follows:
                  ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                          ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c), and
                          ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
          (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                  (A) by inserting ``(1)'' after ``(a)'', and
                  (B) by adding at the end the following new paragraph:
  ``(2) It is unlawful for an owner, agent, master, commanding officer, 
person in charge, purser, or consignee of a vessel or aircraft who is 
bringing an alien (except an alien crewmember) to the United States to 
take any consideration to be kept or returned contingent on whether an 
alien is admitted to, or ordered removed from, the United States.''.
          (4) Clarification.--(A) Section 238(a)(1), which, previous to 
        redesignation under section 308(b)(5), was section 242A(a)(1), 
        is amended by adding at the end the following: ``Nothing in 
        this section shall be construed to create any substantive or 
        procedural right or benefit that is legally enforceable by any 
        party against the United States or its agencies or officers or 
        any other person.''.
          (B) Section 225 of the Immigration and Nationality Technical 
        Corrections Act of 1994 (Public Law 103-416), as amended by 
        section 851(b)(15), is amended by striking ``and nothing in'' 
        and all that follows up to ``shall''.
  (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
          (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is amended--
                  (A) in the heading, by striking ``excluded from'' and 
                inserting ``ineligible for'';
                  (B) in the matter in subsection (a) before paragraph 
                (1), by striking all that follows ``(a)'' and inserting 
                the following: ``Classes of Aliens Ineligible for Visas 
                or Admission.--Except as otherwise provided in this 
                Act, aliens who are inadmissible under the following 
                paragraphs are ineligible to receive visas and 
                ineligible to be admitted to the United States:'';
                  (C) in subsection (a), by striking ``is excludable'' 
                and inserting ``is inadmissible'' each place it 
                appears;
                  (D) in subsections (a)(5)(C), (d)(1), (k), by 
                striking ``exclusion'' and inserting 
                ``inadmissibility'';
                  (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                  (F) in subsection (b)(2), by striking ``or ineligible 
                for entry'';
                  (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                  (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
          (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(a)(2), is amended--
                  (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                  (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility''; 
                and
                  (C) in subsection (c), by striking ``exclusion'' and 
                inserting ``inadmissibility''.
          (3) Other general references.--The following provisions are 
        amended by striking ``excludability'' and ``excludable'' each 
        place each appears and inserting ``inadmissibility'' and 
        ``inadmissible'', respectively:
                  (A) Sections 101(f)(3), 213, 234 (before 
                redesignation by section 308(b)), 241(a)(1) (before 
                redesignation by section 305(a)(2)), 272(a), 277, 
                286(h)(2)(A)(v), and 286(h)(2)(A)(vi).
                  (B) Section 601(c) of the Immigration Act of 1990.
                  (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                  (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                  (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
          (4) Related terms.--
                  (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                  (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                  (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                  (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                  (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                  (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                  (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                  (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                  (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                          (I) by striking ``exclusion'' in the heading 
                        and inserting ``denial of admission'',
                          (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                          (III) in subsection (c), by striking 
                        ``excluding''.
                  (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                  (J) Section 276(a) (8 U.S.C. 1326) is amended--
                          (i) in paragraph (1), by striking ``deported 
                        or excluded and deported'' and inserting 
                        ``denied admission or removed'', and
                          (ii) in paragraph (2)(B), by striking 
                        ``excluded and deported'' and inserting 
                        ``denied admission and removed''.
                  (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking ``exclusion'' 
                each place it appears and inserting ``removal''.
                  (L) Section 287 (8 U.S.C. 1357) is amended--
                          (i) in subsection (a), by striking ``or 
                        expulsion'' each place it appears and inserting 
                        ``expulsion, or removal'', and
                          (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting ``denial of 
                        admission to''.
                  (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
                striking ``admitted to the United States, or excluded 
                therefrom'' each place it appears and inserting 
                ``admitted or denied admission to the United States''.
                  (N) Section 291 (8 U.S.C. 1361) is amended by 
                striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.
                  (O) Section 292 (8 U.S.C. 1362) is amended by 
                striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
                  (P) Section 360 (8 U.S.C. 1503) is amended--
                          (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                          (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting ``denied''.
                  (Q) Section 301(a)(1) of the Immigration Act of 1990 
                is amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                  (R) Section 401(c) of the Refugee Act of 1980 is 
                amended by striking ``deportation or exclusion'' and 
                inserting ``removal''.
                  (S) Section 501(e)(2) of the Refugee Education 
                Assistance Act of 1980 (Public Law 96-422) is amended--
                          (i) by striking ``exclusion or deportation'' 
                        each place it appears and inserting 
                        ``removal'', and
                          (ii) by striking ``deportation or exclusion'' 
                        each place it appears and inserting 
                        ``removal''.
                  (T) Section 4113(c) of title 18, United States Code, 
                is amended by striking ``exclusion and deportation'' 
                and inserting ``removal''.
  (e) Revision of Terminology Relating to Deportation.--
          (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                  (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
                (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 
                1154(a)(1)).
                  (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                  (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                  (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), as 
                redesignated by section 851(a)(3)(A).
                  (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 
                305(a)(2).
                  (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(5).
                  (G) Subsections (a)(3) and (b)(5)(B) of section 244A 
                (8 U.S.C. 1254a), before redesignation as section 244 
                by subsection (b)(7).
                  (H) Section 246(a) (8 U.S.C. 1256(a)).
                  (I) Section 254 (8 U.S.C. 1284).
                  (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                  (K) Section 276(b) (8 U.S.C. 1326(b)).
                  (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                  (M) Section 291 (8 U.S.C. 1361).
                  (N) Section 318 (8 U.S.C. 1429).
                  (O) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
                  (P) Section 4113(b) of title 18, United States Code.
          (2) Each of the following is amended by striking ``deported'' 
        each place it appears and inserting ``removed'':
                  (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                  (B) Section 214(d) (8 U.S.C. 1184(d)).
                  (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(a)(2).
                  (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5).
                  (E) Section 252(b) (8 U.S.C. 1282(b)).
                  (F) Section 254 (8 U.S.C. 1284).
                  (G) Subsections (b) and (c) of section 266 (8 U.S.C. 
                1306).
                  (H) Section 301(a)(1) of the Immigration Act of 1990.
                  (I) Section 4113 of title 18, United States Code.
          (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by inserting 
        ``or removed'' after ``deported'' each place it appears.
          (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
          (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is amended 
        by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
          (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is amended 
        by striking ``deportation against'' and inserting ``removal 
        of''.
          (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), and 
        (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended by 
        striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
          (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
          (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
          (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
          (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), before 
        redesignation as section 244 by subsection (b)(8), is amended--
                  (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                  (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
          (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
          (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
          (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
          (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
          (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
          (16) Section 301(a) of the Immigration Act of 1990 is amended 
        by striking ``Deportation'' and inserting ``Removal''.
          (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``deportation'' and inserting 
        ``removal''.
          (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
        amended by striking ``deported'' and all that follows through 
        ``Deportation'' and inserting ``removed pursuant to chapter 4 
        of title II of the Immigration and Nationality Act''.
          (19) Section 8(c) of the Foreign Agents Registration Act (22 
        U.S.C. 618(c)) is amended by striking ``deportation'' and all 
        that follows and inserting ``removal pursuant to chapter 4 of 
        title II of the Immigration and Nationality Act.''.
  (f) Revision of References to Entry.--
          (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                  (A) Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)).
                  (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                  (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                  (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                  (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                  (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                  (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                  (H) Section 214(d) (8 U.S.C. 1184(d)).
                  (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                  (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                  (K) Subsection (b) of section 240 (8 U.S.C. 1230), 
                before redesignation as section 240C by section 
                304(a)(2).
                  (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2).
                  (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2), other than the last time it appears.
                  (N) Paragraphs (2) and (4) of subsection (a) of 
                section 241 (8 U.S.C. 1251), before redesignation as 
                section 237 by section 305(a)(2).
                  (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                  (P) Section 247(a) (8 U.S.C. 1257(a)).
                  (Q) Section 601(c)(2) of the Immigration Act of 1990.
          (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                  (A) Section 204(e) (8 U.S.C. 1154(e)).
                  (B) Section 221(h) (8 U.S.C. 1201(h)).
                  (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
          (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                  (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                  (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
          (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
        redesignation as section 233 by section 308(b)(4), is amended 
        by striking ``entry and inspection'' and inserting ``inspection 
        and admission''.
          (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 305(a)(2), is 
        amended by striking ``at entry''.
          (6) Section 7 of the Central Intelligence Agency Act of 1949 
        (50 U.S.C. 403h) is amended by striking ``that the entry'', 
        ``given entry into'', and ``entering'' and inserting ``that the 
        admission'', ``admitted to'', and ``admitted to''.
          (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
  (g) Conforming References to Reorganized Sections.--
          (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
          (2) References to section 106.--
                  (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 851(b)(14) but before redesignation as section 
                238 by subsection (b)(5), are each amended by striking 
                ``106'' and inserting ``242''.
                  (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 U.S.C. 
                1160(e)(3)(A), 1255a(f)(4)(A)) are amended by inserting 
                ``(as in effect before October 1, 1996)'' after 
                ``106''.
                  (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``106(a)(1)'' and 
                inserting ``242(b)(1)''.
          (3) References to section 236.--
                  (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                  (B) Section 4113(c) of title 18, United States Code, 
                is amended by striking ``1226 of title 8, United States 
                Code'' and inserting ``240 of the Immigration and 
                Nationality Act''.
          (4) References to section 237.--
                  (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                  (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                  (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
          (5) References to section 242.--
                  (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 
                U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended 
                by striking ``242'' and inserting ``240''.
                  (ii) Subsection (c)(4) of section 242A (8 U.S.C. 
                1252a), as amended by section 851(b)(14) but before 
                redesignation as section 238 by subsection (b)(5), are 
                each amended by striking ``242'' and inserting ``240''.
                  (iii) Section 245A(a)(1)(B) (8 U.S.C. 1255a(a)(1)(B)) 
                is amended by inserting ``(as in effect before October 
                1, 1996)'' after ``242''.
                  (iv) Section 4113 of title 18, United States Code, is 
                amended--
                          (I) in subsection (a), by striking ``section 
                        1252(b) or section 1254(e) of title 8, United 
                        States Code,'' and inserting ``section 240B of 
                        the Immigration and Nationality Act''; and
                          (II) in subsection (b), by striking ``section 
                        1252 of title 8, United States Code,'' and 
                        inserting ``section 240 of the Immigration and 
                        Nationality Act''.
                  (B) Section 130002(a) of Public Law 103-322, as 
                amended by section 361(a), is amended by striking 
                ``242(a)(3)(A)'' and inserting ``236(d)''.
                  (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), before 
                redesignation as section 238 by section 308(b)(5), is 
                amended by striking ``242(b)'' and inserting ``240''.
                  (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 851(b)(14) 
                but before redesignation as section 238 by subsection 
                (b)(5), is amended by striking ``242(b)'' and inserting 
                ``240''.
                  (E) Section 1821(e) of title 28, United States Code, 
                is amended by striking ``242(b)'' and inserting 
                ``240''.
                  (F) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                  (G) Section 20301(c) of Public Law 103-322 is amended 
                by striking ``242(j)(5)'' and ``242(j)'' and inserting 
                ``241(h)(5)'' and ``241(h)'', respectively.
          (6) References to section 242b.--
                  (A) Section 303(d)(2) of the Immigration Act of 1990 
                is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                  (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
          (7) References to section 243.--
                  (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
                striking ``243'' and inserting ``241''.
                  (B)(i) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                  (ii) Section 702(b) of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1988 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.
                  (iii) Section 903(b) of Public Law 100-204 is amended 
                by striking ``243(g)'' and inserting ``243(d)''.
                  (C)(i) Section 6(f)(2)(F) of the Food Stamp Act of 
                1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking 
                ``243(h)'' and inserting ``241(b)(3)''.
                  (ii) Section 214(a)(5) of the Housing and Community 
                Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is 
                amended by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                  (D)(i) Subsection (c)(2)(B)(ii) of section 244A (8 
                U.S.C. 1254a), before redesignated as section 244 by 
                section 308(b)(7), is amended by striking ``243(h)(2)'' 
                and inserting ``208(b)(2)(A)''.
                  (ii) Section 301(e)(2) of the Immigration Act of 1990 
                is amended by striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                  (E) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (v) of 
                section 208(b)(2)(A)''.
          (8) References to section 244.--
                  (A)(i) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) 
                and subsection (e) of section 244A (8 U.S.C. 1254a), 
                before redesignation as section 244 by section 
                308(b)(7), are each amended by striking ``244(a)'' and 
                inserting ``240A(a)''.
                  (ii) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                  (B) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(b)(2)'' and inserting ``240A(b)(2)''.
                  (C) Section 364(a)(2) of this Act is amended by 
                striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
          (9) References to chapter 5.--
                  (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                  (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
          (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                  (A) Section 245(c)(6), as amended by section 332(d), 
                is amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                  (B) Section 249(d), as amended by section 332(e), is 
                amended by striking ``241(a)(4)(B)'' and inserting 
                ``237(a)(4)(B)''.
                  (C) Section 276(b)(3), as inserted by section 321(b), 
                is amended by striking ``excluded'' and ``excludable'' 
                and inserting ``removed'' and ``inadmissible'', 
                respectively.
                  (D) Section 505(c)(7), as added by section 321(a)(1), 
                is amended by amending subparagraphs (B) through (D) to 
                read as follows:
                  ``(B) Withholding of removal under section 241(b)(3).
                  ``(C) Cancellation of removal under section 240A.
                  ``(D) Voluntary departure under section 240B.''.
                  (E) Section 506(b)(2)(B), as added by section 
                321(a)(1), is amended by striking ``deportation'' and 
                inserting ``removal''.
                  (F) Section 508(c)(2)(D), as added by section 
                321(a)(1), is amended by striking ``exclusion because 
                such alien is excludable'' and inserting ``removal 
                because such alien is inadmissible''.
                  (G) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 851(a)(6), is amended by striking 
                ``242A(a)(3)'' and inserting ``238(a)(3)''.

SEC. 309. EFFECTIVE DATES; TRANSITION.

  (a) In General.--Except as provided in this section and section 
301(f), this subtitle and the amendments made by this subtitle shall 
take effect on the first day of the first month beginning more than 180 
days after the date of the enactment of this Act (in this title 
referred to as the ``title III-A effective date'').
  (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
  (c) Transition For Aliens in Proceedings.--
          (1) General rule that new rules do not apply.--Subject to the 
        succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                  (A) the amendments made by this subtitle shall not 
                apply, and
                  (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
          (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
          (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
          (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                  (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                  (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                  (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation; and
                  (D) the petition for review shall be filed with the 
                court of appeals for the judicial circuit in which the 
                administrative proceedings before the special inquiry 
                officer or immigration judge were completed.
          (5) Transitional rule with regard to suspension of 
        deportation.--Paragraphs (1) and (2) of section 240A(d) of the 
        Immigration and Nationality Act (relating to continuous 
        residence or physical presence) shall apply to notices to 
        appear issued after the date of the enactment of this Act.
          (6) Transition for certain family unity aliens.--The Attorney 
        General may waive the application of section 212(a)(9) of the 
        Immigration and Nationality Act, as inserted by section 
        301(b)(1), in the case of an alien who is provided benefits 
        under the provisions of section 301 of the Immigration Act of 
        1990 (relating to family unity).
  (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
          (1) any reference in section 212(a)(1)(A) of such Act to the 
        term ``inadmissible'' is deemed to include a reference to the 
        term ``excludable'', and
          (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
  (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(c)).

                Subtitle B--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 321. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

  (a) In General.--The Immigration and Nationality Act is amended--
          (1) by adding at the end of the table of contents the 
        following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'',

        and
          (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions
  ``Sec. 501. In this title:
          ``(1) The term `alien terrorist' means an alien described in 
        section 241(a)(4)(B).
          ``(2) The term `classified information' has the meaning given 
        such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
          ``(3) The term `national security' has the meaning given such 
        term in section 1(b) of the Classified Information Procedures 
        Act (18 U.S.C. App.).
          ``(4) The term `special attorney' means an attorney who is on 
        the panel established under section 502(e).
          ``(5) The term `special removal court' means the court 
        established under section 502(a).
          ``(6) The term `special removal hearing' means a hearing 
        under section 505.
          ``(7) The term `special removal proceeding' means a 
        proceeding under this title.
``establishment of special removal court; panel of attorneys to assist 
                      with classified information
  ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
  ``(b) Terms.--Each judge designated under subsection (a) shall serve 
for a term of 5 years and shall be eligible for redesignation, except 
that the four associate judges first so designated shall be designated 
for terms of one, two, three, and four years so that the term of one 
judge shall expire each year.
  ``(c) Chief Judge.--The Chief Justice shall publicly designate one of 
the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
  ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.
  ``(e) Establishment of Panel of Special Attorneys.--The special 
removal court shall provide for the designation of a panel of attorneys 
each of whom--
          ``(1) has a security clearance which affords the attorney 
        access to classified information, and
          ``(2) has agreed to represent permanent resident aliens with 
        respect to classified information under section 506 in 
        accordance with (and subject to the penalties under) this 
        title.
       ``application for initiation of special removal proceeding
  ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing of a written 
application described in subsection (b) with the special removal court 
seeking an order authorizing a special removal proceeding under this 
title. The application shall be submitted in camera and ex parte and 
shall be filed under seal with the court.
  ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
          ``(1) The identity of the Department of Justice attorney 
        making the application.
          ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
          ``(3) The identity of the alien for whom authorization for 
        the special removal proceedings is sought.
          ``(4) A statement of the facts and circumstances relied on by 
        the Department of Justice to establish that--
                  ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                  ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the removal of aliens 
                would pose a risk to the national security of the 
                United States.
          ``(5) An oath or affirmation respecting each of the facts and 
        statements described in the previous paragraphs.
  ``(c) Right to Dismiss.--The Department of Justice retains the right 
to dismiss a removal action under this title at any stage of the 
proceeding.
                     ``consideration of application
  ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
  ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
          ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
          ``(2) adherence to the provisions of title II regarding the 
        removal of the identified alien would pose a risk to the 
        national security of the United States.
  ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.
  ``(d) Exclusive Provisions.--Whenever an order is issued under this 
section with respect to an alien--
          ``(1) the alien's rights regarding removal and expulsion 
        shall be governed solely by the provisions of this title, and
          ``(2) except as they are specifically referenced, no other 
        provisions of this Act shall be applicable.
                       ``special removal hearings
  ``Sec. 505. (a) In General.--In any case in which the application for 
the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
  ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
  ``(c) Rights in Hearing.--
          ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
          ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
          ``(3) Introduction of evidence.--The alien shall have a right 
        to introduce evidence on the alien's own behalf.
          ``(4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable opportunity to 
        examine the evidence against the alien and to cross-examine any 
        witness.
          ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
          ``(6) Decision based on evidence at hearing.--The decision of 
        the judge in the hearing shall be based only on the evidence 
        introduced at the hearing, including evidence introduced under 
        subsection (e).
          ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                  ``(A) Asylum under section 208.
                  ``(B) Withholding of deportation under section 
                243(h).
                  ``(C) Suspension of deportation under section 244(a).
                  ``(D) Voluntary departure under section 244(e).
                  ``(E) Adjustment of status under section 245.
                  ``(F) Registry under section 249.
  ``(d) Subpoenas.--
          ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
          ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
          ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
          ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
          ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
  ``(e) Introduction of Classified Information.--
          ``(1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a finding has 
        been made under section 506(b)(5) that no summary is possible, 
        classified information shall be introduced (either in writing 
        or through testimony) in camera and ex parte and neither the 
        alien nor the public shall be informed of such evidence or its 
        sources other than through reference to the summary provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and, 
        in the case of classified information, after coordination with 
        the originating agency, elect to introduce such evidence in 
        open session.
          ``(2) Treatment of electronic surveillance information.--
                  ``(A) Use of electronic surveillance.--The Government 
                is authorized to use in a special removal proceedings 
                the fruits of electronic surveillance and unconsented 
                physical searches authorized under the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
                et seq.) without regard to subsections (c), (e), (f), 
                (g), and (h) of section 106 of that Act.
                  ``(B) No discovery of electronic surveillance 
                information.--An alien subject to removal under this 
                title shall have no right of discovery of information 
                derived from electronic surveillance authorized under 
                the Foreign Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor shall 
                such alien have the right to seek suppression of 
                evidence.
                  ``(C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of title 
                18, United States Code, shall not apply to procedures 
                under this title.
          ``(3) Rights of united states.--Nothing in this section shall 
        prevent the United States from seeking protective orders and 
        from asserting privileges ordinarily available to the United 
        States to protect against the disclosure of classified 
        information, including the invocation of the military and state 
        secrets privileges.
  ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence 
shall not apply to hearings under this section. Evidence introduced at 
the special removal hearing, either in open session or in camera and ex 
parte, may, in the discretion of the Department of Justice, include all 
or part of the information presented under section 504 used to obtain 
the order for the hearing under this section.
  ``(g) Arguments.--Following the receipt of evidence, the attorneys 
for the Department of Justice and for the alien shall be given fair 
opportunity to present argument as to whether the evidence is 
sufficient to justify the removal of the alien. The attorney for the 
Department of Justice shall open the argument. The attorney for the 
alien shall be permitted to reply. The attorney for the Department of 
Justice shall then be permitted to reply in rebuttal. The judge may 
allow any part of the argument that refers to evidence received in 
camera and ex parte to be heard in camera and ex parte.
  ``(h) Burden of Proof.--In the hearing the Department of Justice has 
the burden of showing by clear and convincing evidence that the alien 
is subject to removal because the alien is an alien terrorist. If the 
judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
  ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.
               ``consideration of classified information
  ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case in 
which the application for the order authorizing the special procedures 
of this title is approved, the judge who granted the order shall 
consider each item of classified information the Department of Justice 
proposes to introduce in camera and ex parte at the special removal 
hearing and shall order the introduction of such information pursuant 
to section 505(e) if the judge determines the information to be 
relevant.
  ``(b) Preparation and Provision of Written Summary.--
          ``(1) Preparation.--The Department of Justice shall prepare a 
        written summary of such classified information which does not 
        pose a risk to national security.
          ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                  ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                  ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
          ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
          ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                  ``(A) In general.--If, subsequent to the opportunity 
                described in paragraph (3), the judge does not approve 
                the summary, the judge shall terminate the special 
                removal hearing unless the judge makes the findings 
                described in subparagraph (B).
                  ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                          ``(i) the continued presence of the alien in 
                        the United States would likely cause serious 
                        and irreparable harm to the national security 
                        or death or serious bodily injury to any 
                        person, and
                          ``(ii) the provision of the required summary 
                        would likely cause serious and irreparable harm 
                        to the national security or death or serious 
                        bodily injury to any person.
          ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                  ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (c) shall apply; and
                  ``(B) in all cases the special removal hearing shall 
                continue, the Department of Justice shall cause to be 
                delivered to the alien a statement that no summary is 
                possible, and the classified information submitted in 
                camera and ex parte may be used pursuant to section 
                505(e).
  ``(c) Special Procedures for Access and Challenges to Classified 
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
          ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney to assist the 
        alien--
                  ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                  ``(B) by challenging through an in camera proceeding 
                the veracity of the evidence contained in the 
                classified information.
          ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                  ``(A) shall not disclose the information to the alien 
                or to any other attorney representing the alien, and
                  ``(B) who discloses such information in violation of 
                subparagraph (A) shall be subject to a fine under title 
                18, United States Code, imprisoned for not less than 10 
                years nor more than 25 years, or both.
                               ``appeals
  ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days after the date of such denial. In such a case the entire 
record of the proceeding shall be transmitted to the Court of Appeals 
under seal and the Court of Appeals shall hear the matter ex parte. In 
such a case the Court of Appeals shall review questions of law de novo, 
but a prior finding on any question of fact shall not be set aside 
unless such finding was clearly erroneous.
  ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
          ``(1) any determination by the judge pursuant to section 
        506(a)--
                  ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                  ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
          ``(2) the refusal of the court to make the findings permitted 
        by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
  ``(c) Appeals of Decision in Hearing.--
          ``(1) In general.--Subject to paragraph (2), the decision of 
        the judge after a special removal hearing may be appealed by 
        either the alien or the Department of Justice to the United 
        States Court of Appeals for the District of Columbia Circuit by 
        notice of appeal.
          ``(2) Automatic appeals in cases of permanent resident aliens 
        in which no summary provided.--
                  ``(A) In general.--Unless the alien waives the right 
                to a review under this paragraph, in any case involving 
                an alien lawfully admitted for permanent residence who 
                is denied a written summary of classified information 
                under section 506(b)(4) and with respect to which the 
                procedures described in section 506(c) apply, any order 
                issued by the judge shall be reviewed by the Court of 
                Appeals for the District of Columbia Circuit.
                  ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
  ``(d) General Provisions Relating to Appeals.--
          ``(1) Notice.--A notice of appeal pursuant to subsection (b) 
        or (c) (other than under subsection (c)(2)) must be filed 
        within 20 days after the date of the order with respect to 
        which the appeal is sought, during which time the order shall 
        not be executed.
          ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c)--
                  ``(A) the entire record shall be transmitted to the 
                Court of Appeals, and
                  ``(B) information received pursuant to section 
                505(e), and any portion of the judge's order that would 
                reveal the substance or source of such information, 
                shall be transmitted under seal.
          ``(3) Expedited appellate proceeding.--In an appeal or review 
        to the Court of Appeals pursuant to subsection (b) or (c):
                  ``(A) Review.--The appeal or review shall be heard as 
                expeditiously as practicable and the Court may dispense 
                with full briefing and hear the matter solely on the 
                record of the judge of the special removal court and on 
                such briefs or motions as the Court may require to be 
                filed by the parties.
                  ``(B) Disposition.--The Court shall uphold or reverse 
                the judge's order within 60 days after the date of the 
                issuance of the judge's final order.
          ``(4) Standard for review.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c):
                  ``(A) Questions of law.--The Court of Appeals shall 
                review all questions of law de novo.
                  ``(B) Questions of fact.--(i) Subject to clause (ii), 
                a prior finding on any question of fact shall not be 
                set aside unless such finding was clearly erroneous.
                  ``(ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written summary of 
                classified information under section 506(b)(4), the 
                Court of Appeals shall review questions of fact de 
                novo.
  ``(e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the Department 
of Justice may petition the Supreme Court for a writ of certiorari. In 
any such case, any information transmitted to the Court of Appeals 
under seal shall, if such information is also submitted to the Supreme 
Court, be transmitted under seal. Any order of removal shall not be 
stayed pending disposition of a writ of certiorari except as provided 
by the Court of Appeals or a Justice of the Supreme Court.
  ``(f) Appeals of Detention Orders.--
          ``(1) In general.--The provisions of sections 3145 through 
        3148 of title 18, United States Code, pertaining to review and 
        appeal of a release or detention order, penalties for failure 
        to appear, penalties for an offense committed while on release, 
        and sanctions for violation of a release condition shall apply 
        to an alien to whom section 508(b)(1) applies. In applying the 
        previous sentence--
                  ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit, and
                  ``(B) for purposes of section 3146 of such title the 
                alien shall be considered released in connection with a 
                charge of an offense punishable by life imprisonment.
          ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        508(c)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.
                        ``detention and custody
  ``Sec. 508. (a) Initial Custody.--
          ``(1) Upon filing application.--Subject to paragraph (2), the 
        Attorney General may take into custody any alien with respect 
        to whom an application under section 503 has been filed and, 
        notwithstanding any other provision of law, may retain such an 
        alien in custody in accordance with the procedures authorized 
        by this title.
          ``(2) Special rules for permanent resident aliens.--An alien 
        lawfully admitted for permanent residence shall be entitled to 
        a release hearing before the judge assigned to hear the special 
        removal hearing. Such an alien shall be detained pending the 
        special removal hearing, unless the alien demonstrates to the 
        court that--
                  ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                  ``(B) the alien's release will not endanger national 
                security or the safety of any person or the community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
          ``(3) Release if order denied and no review sought.--
                  ``(A) In general.--Subject to subparagraph (B), if a 
                judge of the special removal court denies the order 
                sought in an application with respect to an alien and 
                the Department of Justice does not seek review of such 
                denial, the alien shall be released from custody.
                  ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
  ``(b) Conditional Release If Order Denied and Review Sought.--
          ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United States Code, 
        that will reasonably assure the appearance of the alien at any 
        future proceeding pursuant to this title and will not endanger 
        the safety of any other person or the community.
          ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, the alien shall 
        remain in custody until the completion of any appeal authorized 
        by this title.
  ``(c) Custody and Release After Hearing.--
          ``(1) Release.--
                  ``(A) In general.--Subject to subparagraph (B), if 
                the judge decides pursuant to section 505(i) that an 
                alien should not be removed, the alien shall be 
                released from custody.
                  ``(B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the alien 
                shall remain in custody, subject to the provisions of 
                section 3142 of title 18, United States Code.
          ``(2) Custody and removal.--
                  ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody and remove 
                the alien to a country specified under subparagraph 
                (B).
                  ``(B) Removal.--
                          ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                          ``(ii) Alternate countries.--If the alien 
                        refuses to designate a country to which the 
                        alien wishes to be removed or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so designated would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be removed to any country 
                        willing to receive such alien.
                  ``(C) Continued detention.--If no country is willing 
                to receive such an alien, the Attorney General may, 
                notwithstanding any other provision of law, retain the 
                alien in custody. The Attorney General, in coordination 
                with the Secretary of State, shall make periodic 
                efforts to reach agreement with other countries to 
                accept such an alien and at least every 6 months shall 
                provide to the attorney representing the alien at the 
                special removal hearing a written report on the 
                Attorney General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released from 
                custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                  ``(D) Fingerprinting.--Before an alien is transported 
                out of the United States pursuant to this subsection, 
                or pursuant to an order of exclusion because such alien 
                is excludable under section 212(a)(3)(B), the alien 
                shall be photographed and fingerprinted, and shall be 
                advised of the provisions of subsection 276(b).
  ``(d) Continued Detention Pending Trial.--
          ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (c)(2), the Attorney General may hold in abeyance 
        the removal of an alien who has been ordered removed pursuant 
        to this title to allow the trial of such alien on any Federal 
        or State criminal charge and the service of any sentence of 
        confinement resulting from such a trial.
          ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
        authorities for confinement in a State facility is appropriate 
        and would not endanger national security or public safety.
          ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1) 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions of 
        subsection (c)(2) concerning removal of the alien.
  ``(e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
  ``(f) Rights of Aliens in Custody.--
          ``(1) Family and attorney visits.--An alien in the custody of 
        the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
          ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
  (b) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b) 
(8 U.S.C. 1326(b)) is amended--
          (1) by striking ``or'' at the end of paragraph (1),
          (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
          (3) by inserting after paragraph (2) the following new 
        paragraph:
          ``(3) who has been excluded from the United States pursuant 
        to subsection 235(c) because the alien was excludable under 
        subsection 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
  (c) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
(8 U.S.C. 1105a(a)) is amended--
          (1) by adding ``and'' at the end of paragraph (8),
          (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
          (3) by striking paragraph (10).
  (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

SEC. 322. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

  In addition to amounts otherwise appropriated, there are authorized 
to be appropriated for each fiscal year (beginning with fiscal year 
1996) $5,000,000 to the Immigration and Naturalization Service for the 
purpose of detaining and removing alien terrorists.

   PART 2--INADMISSIBILITY AND DENIAL OF RELIEF FOR ALIEN TERRORISTS

SEC. 331. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND OF 
                    INADMISSIBILITY.

  (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is 
amended--
          (1) in clause (i)--
                  (A) by striking ``or'' at the end of subclause (I),
                  (B) in subclause (II), by inserting ``engaged in or'' 
                after ``believe,'', and
                  (C) by inserting after subclause (II) the following:
                                  ``(III) is a representative of a 
                                terrorist organization, or
                                  ``(IV) is a member of a terrorist 
                                organization which the alien knows or 
                                should have known is a terrorist 
                                organization,''; and
          (2) by adding at the end the following:
                          ``(iv) Terrorist organization defined.--
                                  ``(I) Designation.--For purposes of 
                                this Act, the term `terrorist 
                                organization' means a foreign 
                                organization designated in the Federal 
                                Register as a terrorist organization by 
                                the Secretary of State, in consultation 
                                with the Attorney General, based upon a 
                                finding that the organization engages 
                                in, or has engaged in, terrorist 
                                activity that threatens the national 
                                security of the United States.
                                  ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the Secretary of State, in consultation 
                                with the Attorney General, shall notify 
                                the Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the findings and basis for 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall create an administrative record 
                                and may use classified information in 
                                making such a designation. Such 
                                information is not subject to 
                                disclosure so long as it remains 
                                classified, except that it may be 
                                disclosed to a court ex parte and in 
                                camera under subclause (III) for 
                                purposes of judicial review of such a 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall provide notice and an opportunity 
                                for public comment prior to the 
                                creation of the administrative record 
                                under this subclause.
                                  ``(III) Judicial review.--Any 
                                organization designated as a terrorist 
                                organization under the preceding 
                                provisions of this clause may, not 
                                later than 30 days after the date of 
                                the designation, seek judicial review 
                                thereof in the United States Court of 
                                Appeals for the District of Columbia 
                                Circuit. Such review shall be based 
                                solely upon the administrative record, 
                                except that the Government may submit, 
                                for ex parte and in camera review, 
                                classified information considered in 
                                making the designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds the 
                                designation to be arbitrary, 
                                capricious, an abuse of discretion, or 
                                otherwise not in accordance with law, 
                                lacking substantial support in the 
                                administrative record taken as a whole 
                                or in classified information submitted 
                                to the court under the previous 
                                sentence, contrary to constitutional 
                                right, power, privilege, or immunity, 
                                or not in accord with the procedures 
                                required by law.
                                  ``(IV) Congressional removal 
                                authority.--The Congress reserves the 
                                authority to remove, by law, the 
                                designation of an organization as a 
                                terrorist organization for purposes of 
                                this Act.
                                  ``(V) Sunset.--Subject to subclause 
                                (IV), the designation under this clause 
                                of an organization as a terrorist 
                                organization shall be effective for a 
                                period of 2 years from the date of the 
                                initial publication of the terrorist 
                                organization designation by the 
                                Secretary of State. At the end of such 
                                period (but no sooner than 60 days 
                                prior to the termination of the 2-year-
                                designation period), the Secretary of 
                                State, in consultation with the 
                                Attorney General, may redesignate the 
                                organization in conformity with the 
                                requirements of this clause for 
                                designation of the organization.
                                  ``(VI) Removal authority.--The 
                                Secretary of State, in consultation 
                                with the Attorney General, may remove 
                                the terrorist organization designation 
                                from any organization previously 
                                designated as such an organization, at 
                                any time, so long as the Secretary 
                                publishes notice of the removal in the 
                                Federal Register. The Secretary is not 
                                required to report to Congress prior to 
                                so removing such designation.
                          ``(v) Representative defined.--
                                  ``(I) In general.--In this 
                                subparagraph, the term `representative' 
                                includes an officer, official, or 
                                spokesman of the organization and any 
                                person who directs, counsels, commands 
                                or induces the organization or its 
                                members to engage in terrorist 
                                activity.
                                  ``(II) Judicial review.--The 
                                determination under this subparagraph 
                                that an alien is a representative of a 
                                terrorist organization shall be subject 
                                to judicial review under section 706 of 
                                title 5, United States Code.''.
  (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 332. DENIAL OF RELIEF FOR ALIEN TERRORISTS.

  (a) Withholding of Deportation.--Subsection (h)(2) of section 243 (8 
U.S.C. 1253), before amendment by section 307(a), is amended by adding 
at the end the following new sentence: ``For purposes of subparagraph 
(D), an alien who is described in section 241(a)(4)(B) shall be 
considered to be an alien for whom there are reasonable grounds for 
regarding as a danger to the security of the United States.''.
  (b) Suspension of Deportation.--Section 244(a) (8 U.S.C. 1254(a)), 
before amendment by section 308(b), is amended by striking ``section 
241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of section 
241(a)(4)''.
  (c) Voluntary Departure.--Section 244(e)(2) (8 U.S.C. 1254(e)(2)), 
before amendment by section 308(b), is amended by inserting ``under 
section 241(a)(4)(B) or'' after ``who is deportable''.
  (d) Adjustment of Status.--Section 245(c) (8 U.S.C. 1255(c)) is 
amended--
          (1) by striking ``or'' before ``(5)'', and
          (2) by inserting before the period at the end the following: 
        ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.
  (e) Registry.--Section 249(d) (8 U.S.C. 1259(d)) is amended by 
inserting ``and is not deportable under section 241(a)(4)(B)'' after 
``ineligible to citizenship''.
  (f) Effective Date.--(1) The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.
  (2) The amendments made by subsections (a) through (c) are 
subsequently superseded by the amendments made by subtitle A.

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

SEC. 341. DEFINITION OF STOWAWAY.

  (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)) is amended 
by adding the following new paragraph:
  ``(47) The term `stowaway' means any alien who obtains transportation 
without the consent of the owner, charterer, master or person in 
command of any vessel or aircraft through concealment aboard such 
vessel or aircraft. A passenger who boards with a valid ticket is not 
to be considered a stowaway.''.
  (b) Effective Date.--The amendment made by subsection (a) shall take 
effect on the date of the enactment of this Act.

SEC. 342. LIST OF ALIEN AND CITIZEN PASSENGERS ARRIVING.

  (a) In General.--Section 231(a) (8 U.S.C. 1221(a)) is amended--
          (1) by amending the first sentence to read as follows: ``In 
        connection with the arrival of any person by water or by air at 
        any port within the United States from any place outside the 
        United States, it shall be the duty of the master or commanding 
        officer, or authorized agent, owner, or consignee of the vessel 
        or aircraft, having such person on board to deliver to the 
        immigration officers at the port of arrival, or other place 
        designated by the Attorney General, electronic, typewritten, or 
        printed lists or manifests of the persons on board such vessel 
        or aircraft.'';
          (2) in the second sentence, by striking ``shall be prepared'' 
        and inserting ``shall be prepared and submitted''; and
          (3) by inserting after the second sentence the following 
        sentence: ``Such lists or manifests shall contain, but not be 
        limited to, for each person transported, the person's full 
        name, date of birth, gender, citizenship, travel document 
        number (if applicable) and arriving flight number.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to vessels or aircraft arriving at ports of entry on or after 
such date (not later than 60 days after the date of the enactment of 
this Act) as the Attorney General shall specify.

                   Subtitle D--Additional Provisions

SEC. 351. DEFINITION OF CONVICTION.

  (a) In General.--Section 101(a) (8 U.S.C. 1101(a)), as amended by 
section 341(a), is amended by adding at the end the following new 
paragraph:
  ``(48) The term `conviction' means a formal judgment of guilt entered 
by a court or, if adjudication of guilt has been withheld, where all of 
the following elements are present:
                  ``(A) A judge or jury has found the alien guilty or 
                the alien has entered a plea of guilty or nolo 
                contendere or has admitted sufficient facts to warrant 
                a finding of guilt.
                  ``(B) The judge has ordered some form of punishment, 
                penalty, or restraint on the alien's liberty to be 
                imposed.
                  ``(C) A judgment or adjudication of guilt may be 
                entered if the alien violates the terms of the 
                probation or fails to comply with the requirements of 
                the court's order, without availability of further 
                proceedings regarding the alien's guilt or innocence of 
                the original charge.''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to convictions entered before, on, or after the date of the enactment 
of this Act.

SEC. 352. IMMIGRATION JUDGES AND COMPENSATION.

  (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C. 
1101(b)) is amended to read as follows:
  ``(4) The term `immigration judge' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct specified 
classes of proceedings, including a hearing under section 240. An 
immigration judge shall be subject to such supervision and shall 
perform such duties as the Attorney General shall prescribe, but shall 
not be employed by the Immigration and Naturalization Service.''.
  (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``a special 
inquiry officer'', ``special inquiry officer'', and ``special inquiry 
officers'' and inserting ``an immigration judge'', ``immigration 
judge'', and ``immigration judges'', respectively, each place it 
appears in the following sections:
          (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)).
          (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
          (3) Section 234 (8 U.S.C. 1224), before redesignation by 
        section 308(b).
          (4) Section 235 (8 U.S.C. 1225), before redesignation by 
        section 308(b).
          (5) Section 236 (8 U.S.C. 1226), before amendment by section 
        303.
          (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
        section 306(a)(2).
          (7) Section 242(d)(1) (8 U.S.C. 1252(d)(1)), before amendment 
        by section 306(a)(2).
          (8) Section 292 (8 U.S.C. 1362).
  (c) Compensation for Immigration Judges.--
          (1) In general.--There shall be four levels of pay for 
        immigration judges, under the Immigration Judge Schedule 
        (designated as IJ-1, 2, 3, and 4, respectively), and each such 
        judge shall be paid at one of those levels, in accordance with 
        the provisions of this subsection.
          (2) Rates of pay.--
                  (A) The rates of basic pay for the levels established 
                under paragraph (1) shall be as follows:

    IJ-1
                                        70% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-2
                                        80% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-3
                                        90% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    IJ-4
                                        92% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service.

                  (B) Locality pay, where applicable, shall be 
                calculated into the basic pay for immigration judges.
          (3) Appointment.--
                  (A) Upon appointment, an immigration judge shall be 
                paid at IJ-1, and shall be advanced to IJ-2 upon 
                completion of 104 weeks of service, to IJ-3 upon 
                completion of 104 weeks of service in the next lower 
                rate, and to IJ-4 upon completion of 52 weeks of 
                service in the next lower rate.
                  (B) The Attorney General may provide for appointment 
                of an immigration judge at an advanced rate under such 
                circumstances as the Attorney General may determine 
                appropriate.
          (4) Transition.--Judges serving on the Immigration Court as 
        of the effective date shall be paid at the rate that 
        corresponds to the amount of time, as provided under paragraph 
        (3)(A), that they have served as an immigration judge.
  (d) Effective Dates.--
          (1) Subsections (a) and (b) shall take effect on the date of 
        the enactment of this Act.
          (2) Subsection (c) shall take effect 90 days after the date 
        of the enactment of this Act.

SEC. 353. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

  (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is amended by 
adding at the end the following sentence: ``Nothing in this subsection 
shall require the Attorney General to rescind the alien's status prior 
to commencement of procedures to remove the alien under section 240, 
and an order of removal issued by an immigration judge shall be 
sufficient to rescind the alien's status.''.
  (b) Effective Date.--The amendment made by subsection (a) shall take 
effect on the title III-A effective date (as defined in section 
309(a)).

SEC. 354. CIVIL PENALTIES FOR FAILURE TO DEPART.

  (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274C the following new section:
                ``civil penalties for failure to depart
  ``Sec. 274D. (a) In General.--Any alien subject to a final order of 
removal who--
          ``(1) willfully fails or refuses to--
                  ``(A) depart from the United States pursuant to the 
                order,
                  ``(B) make timely application in good faith for 
                travel or other documents necessary for departure, or
                  ``(C) present for removal at the time and place 
                required by the Attorney General; or
          ``(2) conspires to or takes any action designed to prevent or 
        hamper the alien's departure pursuant to the order,
shall pay a civil penalty of not more than $500 to the Commissioner for 
each day the alien is in violation of this section.
  ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
  (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

``Sec. 274D. Civil penalties for failure to depart.''.

  (c) Effective Date.--The amendments made by subsection (a) shall 
apply to actions occurring on or after the title III-A effective date 
(as defined in section 309(a)).

SEC. 355. CLARIFICATION OF DISTRICT COURT JURISDICTION.

  (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
          (1) by amending the first sentence to read as follows: ``The 
        district courts of the United States shall have jurisdiction of 
        all causes, civil and criminal, brought by the United States 
        that arise under the provisions of this title.'', and
          (2) by adding at the end the following new sentence: 
        ``Nothing in this section shall be construed as providing 
        jurisdiction for suits against the United States or its 
        agencies or officers.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to actions filed after the date of the enactment of this Act.

SEC. 356. USE OF RETIRED FEDERAL EMPLOYEES FOR INSTITUTIONAL HEARING 
                    PROGRAM.

  (a) Authorization of Temporary Employment of Certain Annuitants and 
Retirees.--For the purpose of performing duties in connection with 
supporting the enhanced Institutional Hearing Program, the Attorney 
General may employ for a period not to exceed 24 months (beginning 3 
months after the date of the enactment of this Act) not more than 300 
individuals (at any one time) who, by reason of separation from service 
on or before January 1, 1995, are receiving--
          (1) annuities under the provisions of subchapter III of 
        chapter 83 of title 5, United States Code, or chapter 84 of 
        such title;
          (2) annuities under any other retirement system for employees 
        of the Federal Government; or
          (3) retired or retainer pay as retired officers of regular 
        components of the uniformed services.
  (b) No Reduction in Annuity or Retirement Pay or Redetermination of 
Pay During Temporary Employment.--
          (1) Retirees under civil service retirement system and 
        federal employees' retirement system.--In the case of an 
        individual employed under subsection (a) who is receiving an 
        annuity described in subsection (a)(1)--
                  (A) such individual's annuity shall continue during 
                the employment under subsection (a) and shall not be 
                increased as a result of service performed during that 
                employment;
                  (B) retirement deductions shall not be withheld from 
                such individual's pay; and
                  (C) such individual's pay shall not be subject to any 
                deduction based on the portion of such individual's 
                annuity which is allocable to the period of employment.
          (2) Other federal retirees.--The President shall apply the 
        provisions of paragraph (1) to individuals who are receiving an 
        annuity described in subsection (a)(2) and who are employed 
        under subsection (a) in the same manner and to the same extent 
        as such provisions apply to individuals who are receiving an 
        annuity described in subsection (a)(1) and who are employed 
        under subsection (a).
          (3) Retired officers of the uniform services.--The retired or 
        retainer pay of a retired officer of a regular component of a 
        uniformed service shall not be reduced under section 5532 of 
        title 5, United States Code, by reason of temporary employment 
        authorized under subsection (a).

SEC. 357. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
                    AND PASSPORT AND VISA FRAUD.

  (a) Failing to Depart.--The United States Sentencing Commission shall 
promptly promulgate, pursuant to section 994 of title 28, United States 
Code, amendments to the sentencing guidelines to make appropriate 
increases in the base offense level for offenses under section 242(e) 
and 276(b) of the Immigration and Nationality Act (8 U.S.C. 1252(e) and 
1326(b)) to reflect the amendments made by section 130001 of the 
Violent Crime Control and Law Enforcement Act of 1994.
  (b) Passport and Visa Offenses.--The United States Sentencing 
Commission shall promptly promulgate, pursuant to section 994 of title 
28, United States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
chapter 75 of title 18, United States Code to reflect the amendments 
made by section 130009 of the Violent Crime Control and Law Enforcement 
Act of 1994.

SEC. 358. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

  In addition to the amounts otherwise authorized to be appropriated 
for each fiscal year beginning with fiscal year 1996, there are 
authorized to be appropriated to the Attorney General $150,000,000 for 
costs associated with the removal of inadmissible or deportable aliens, 
including costs of detention of such aliens pending their removal, the 
hiring of more investigators, and the hiring of more detention and 
deportation officers.

SEC. 359. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

  (a) In General.--Subsection (b) of section 280 (8 U.S.C. 1330(b)) is 
amended to read as follows:
  ``(b)(1) There is established in the general fund of the Treasury a 
separate account which shall be known as the `Immigration Enforcement 
Account'. Notwithstanding any other section of this title, there shall 
be deposited as offsetting receipts into the Immigration Enforcement 
Account amounts described in paragraph (2) to remain available until 
expended.
  ``(2) The amounts described in this paragraph are the following:
          ``(A) The increase in penalties collected resulting from the 
        amendments made by sections 203(b) and 543(a) of the 
        Immigration Act of 1990.
          ``(B) Civil penalties collected under sections 240B(d), 274C, 
        274D, and 275(b).
  ``(3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount paid 
out of such appropriation for expenses incurred by the Attorney General 
for activities that enhance enforcement of provisions of this title, 
including--
          ``(i) the identification, investigation, apprehension, 
        detention, and removal of criminal aliens;
          ``(ii) the maintenance and updating of a system to identify 
        and track criminal aliens, deportable aliens, inadmissible 
        aliens, and aliens illegally entering the United States; and
          ``(iii) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States.
  ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).''.
  (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 U.S.C. 
1356(h)(1)(B)) is amended by striking ``271'' and inserting ``243(c), 
271,''.
  (c) Effective Date.--The amendments made by this section shall apply 
to fines and penalties collected on or after the date of the enactment 
of this Act.

SEC. 360. PRISONER TRANSFER TREATIES.

  (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be--
          (1) to expedite the transfer of aliens unlawfully in the 
        United States who are (or are about to be) incarcerated in 
        United States prisons,
          (2) to ensure that a transferred prisoner serves the balance 
        of the sentence imposed by the United States courts,
          (3) to eliminate any requirement of prisoner consent to such 
        a transfer, and
          (4) to allow the Federal Government or the States to keep 
        their original prison sentences in force so that transferred 
        prisoners who return to the United States prior to the 
        completion of their original United States sentences can be 
        returned to custody for the balance of their prison sentences.
In entering into such negotiations, the President may consider 
providing for appropriate compensation in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned and the length of time the alien is actually 
incarcerated in the foreign country under such a treaty.
  (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 361. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

  (a) Operation and Purpose.--Subsection (a) of section 130002 of the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322) is amended to read as follows:
  ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to removal by reason of their conviction of aggravated 
felonies, subject to prosecution under section 275 of such Act, not 
lawfully present in the United States, or otherwise removable. Such 
system shall include providing for recording of fingerprint records of 
aliens who have been previously arrested and removed into appropriate 
automated fingerprint identification systems.''.
  (b) Identification of Criminal Aliens Unlawfully Present in the 
United States.--Upon the request of the governor or chief executive 
officer of any State, the Immigration and Naturalization Service shall 
provide assistance to State courts in the identification of aliens 
unlawfully present in the United States pending criminal prosecution.

SEC. 362. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 
                    SECTION 274C VIOLATORS.

  (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
          (1) by amending subparagraph (F) of subsection (a)(6) to read 
        as follows:
                  ``(F) Subject of civil penalty.--
                          ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is inadmissible.
                          ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(12).''; and
          (2) by adding at the end of subsection (d) the following new 
        paragraph:
  ``(12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive application of clause (i) of 
subsection (a)(6)(F)--
          ``(A) in the case of an alien lawfully admitted for permanent 
        residence who temporarily proceeded abroad voluntarily and not 
        under an order of deportation and who is otherwise admissible 
        to the United States as a returning resident under section 
        211(b), and
          ``(B) in the case of an alien seeking admission or adjustment 
        of status under section 201(b)(2)(A) or under section 203(a),
if the violation under section 274C was committed solely to assist, 
aid, or support the alien's spouse, parent, son, or daughter (and not 
another individual).''.
  (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) (8 
U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2), is 
amended to read as follows:
                  ``(C) Document fraud.--
                          ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is deportable.
                          ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien lawfully admitted for permanent residence 
                        if the alien's civil money penalty under 
                        section 274C was incurred solely to assist, 
                        aid, or support the alien's spouse, parent, 
                        son, or daughter (and no other individual).''.

SEC. 363. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
                    CRIMINAL PAROLE.

  Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ``and (5)'' 
and inserting ``(5) aliens who are or have been on criminal probation 
or criminal parole within the United States, and (6)''.

SEC. 364. CONFIDENTIALITY PROVISION FOR CERTAIN ALIEN BATTERED SPOUSES 
                    AND CHILDREN.

  (a) In General.--Except as provided in subsection (b), in no case may 
the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
          (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using information furnished solely by--
                  (A) a spouse or parent who has battered the alien or 
                subjected the alien to extreme cruelty,
                  (B) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien or subjected the alien to extreme 
                cruelty when the spouse or parent consented to or 
                acquiesced in such battery or cruelty,
                  (C) a spouse or parent who has battered the alien's 
                child or subjected the alien's child to extreme cruelty 
                (without the active participation of the alien in the 
                battery or extreme cruelty), or
                  (D) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien's child or subjected the alien's 
                child to extreme cruelty when the spouse or parent 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty,
        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act; or
          (2) permit use by or disclosure to anyone (other than a sworn 
        officer or employee of the Department, or bureau or agency 
        thereof, for legitimate Department, bureau, or agency purposes) 
        of any information which relates to an alien who is the 
        beneficiary of an application for relief under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B), section 216(c)(4)(C), or section 244(a)(3) of 
        such Act as an alien (or the parent of a child) who has been 
        battered or subjected to extreme cruelty.
The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.
  (b) Exceptions.--
          (1) The Attorney General may provide, in the Attorney 
        General's discretion, for the disclosure of information in the 
        same manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 of title 
        13, United States Code.
          (2) The Attorney General may provide in the discretion of the 
        Attorney General for the disclosure of information to law 
        enforcement officials to be used solely for a legitimate law 
        enforcement purpose.
          (3) Subsection (a) shall not be construed as preventing 
        disclosure of information in connection with judicial review of 
        a determination in a manner that protects the confidentiality 
        of such information.
          (4) Subsection (a)(2) shall not apply if all the battered 
        individuals in the case are adults and they have all waived the 
        restrictions of such subsection.
  (c) Penalties for Violations.--Anyone who uses, publishes, or permits 
information to be disclosed in violation of this section shall be fined 
in accordance with title 18, United States Code, or imprisoned not more 
than 5 years, or both.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

SEC. 401. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS 
                    PROVISIONS.

  (a) In General.--The number of full-time equivalent positions in the 
Investigations Division within the Immigration and Naturalization 
Service of the Department of Justice beginning in fiscal year 1996 
shall be increased by 350 positions above the number of full-time 
equivalent positions available to such Division as of September 30, 
1994.
  (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of the employer sanctions provisions contained in section 
274A of the Immigration and Nationality Act, including investigating 
reports of violations received from officers of the Employment 
Standards Administration of the Department of Labor.

SEC. 402. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.

  (a) In General.--The number of full-time equivalent positions in the 
Wage and Hour Division with the Employment Standards Administration of 
the Department of Labor beginning in fiscal year 1996 shall be 
increased by 150 positions above the number of full-time equivalent 
positions available to the Wage and Hour Division as of September 30, 
1994.
  (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall be assigned to investigate 
violations of wage and hour laws in areas where the Attorney General 
has notified the Secretary of Labor that there are high concentrations 
of undocumented aliens.

SEC. 403. CHANGES IN THE EMPLOYER SANCTIONS PROGRAM.

  (a) Reducing the Number of Documents Accepted for Employment 
Verification.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended--
          (1) in paragraph (1)(B)--
                  (A) by adding ``or'' at the end of clause (i),
                  (B) by striking clauses (ii) through (iv), and
                  (C) in clause (v), by striking ``or other alien 
                registration card, if the card'' and inserting ``, 
                alien registration card, or other document designated 
                by regulation by the Attorney General, if the 
                document'' and redesignating such clause as clause 
                (ii);
          (2) by amending subparagraph (C) of paragraph (1) to read as 
        follows:
                  ``(C) Social security account number card as evidence 
                of employment authorization.--A document described in 
                this subparagraph is an individual's social security 
                account number card (other than such a card which 
                specifies on the face that the issuance of the card 
                does not authorize employment in the United States).''; 
                and
          (3) by amending paragraph (2) to read as follows:
          ``(2) Individual attestation of employment authorization and 
        provision of social security account number.--The individual 
        must--
                  ``(A) attest, under penalty of perjury on the form 
                designated or established for purposes of paragraph 
                (1), that the individual is a citizen or national of 
                the United States, an alien lawfully admitted for 
                permanent residence, or an alien who is authorized 
                under this Act or by the Attorney General to be hired, 
                recruited, or referred for such employment; and
                  ``(B) provide on such form the individual's social 
                security account number.''.
  (b) Employment Eligibility Confirmation Process.--Section 274A (8 
U.S.C. 1324a) is amended--
          (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
          ``(B) Failure to seek and obtain confirmation.--Subject to 
        subsection (b)(7), in the case of a hiring of an individual for 
        employment in the United States by a person or entity that 
        employs more than 3 employees, the following rules apply:
                  ``(i) Failure to seek confirmation.--
                          ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(6), seeking 
                        confirmation of the identity, social security 
                        number, and work eligibility of the individual, 
                        by not later than the end of 3 working days (as 
                        specified by the Attorney General) after the 
                        date of the hiring, the defense under 
                        subparagraph (A) shall not be considered to 
                        apply with respect to any employment after such 
                        3 working days, except as provided in subclause 
                        (II).
                          ``(II) Special rule for failure of 
                        confirmation mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry during such 3 working days in order to 
                        qualify for the defense under subparagraph (A) 
                        and the confirmation mechanism has registered 
                        that not all inquiries were responded to during 
                        such time, the person or entity can make an 
                        inquiry in the first subsequent working day in 
                        which the confirmation mechanism registers no 
                        nonresponses and qualify for the defense.
                  ``(ii) Failure to obtain confirmation.--If the person 
                or entity has made the inquiry described in clause 
                (i)(I) but has not received an appropriate confirmation 
                of such identity, number, and work eligibility under 
                such mechanism within the time period specified under 
                subsection (b)(6)(D)(iii) after the time the 
                confirmation inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
          (2) by amending paragraph (3) of subsection (b) to read as 
        follows:
          ``(3) Retention of verification form and confirmation.--After 
        completion of such form in accordance with paragraphs (1) and 
        (2), the person or entity must--
                  ``(A) retain the form and make it available for 
                inspection by officers of the Service, the Special 
                Counsel for Immigration-Related Unfair Employment 
                Practices, or the Department of Labor during a period 
                beginning on the date of the hiring, recruiting, or 
                referral of the individual and ending--
                          ``(i) in the case of the recruiting or 
                        referral for a fee (without hiring) of an 
                        individual, three years after the date of the 
                        recruiting or referral, and
                          ``(ii) in the case of the hiring of an 
                        individual--
                                  ``(I) three years after the date of 
                                such hiring, or
                                  ``(II) one year after the date the 
                                individual's employment is terminated,
                        whichever is later; and
                  ``(B) subject to paragraph (7), if the person employs 
                more than 3 employees, seek to have (within 3 working 
                days of the date of hiring) and have (within the time 
                period specified under paragraph (6)(D)(iii)) the 
                identity, social security number, and work eligibility 
                of the individual confirmed in accordance with the 
                procedures established under paragraph (6), except that 
                if the person or entity in good faith attempts to make 
                an inquiry in accordance with the procedures 
                established under paragraph (6) during such 3 working 
                days in order to fulfill the requirements under this 
                subparagraph, and the confirmation mechanism has 
                registered that not all inquiries were responded to 
                during such time, the person or entity shall make an 
                inquiry in the first subsequent working day in which 
                the confirmation mechanism registers no 
                nonresponses.''; and
          (3) by adding at the end of subsection (b) the following new 
        paragraphs:
          ``(6) Employment eligibility confirmation process.--
                  ``(A) In general.--Subject to paragraph (7), the 
                Attorney General shall establish a confirmation 
                mechanism through which the Attorney General (or a 
                designee of the Attorney General which may include a 
                nongovernmental entity)--
                          ``(i) responds to inquiries by employers, 
                        made through a toll-free telephone line or 
                        other electronic media in the form of an 
                        appropriate confirmation code or otherwise, on 
                        whether an individual is authorized to be 
                        employed by that employer, and
                          ``(ii) maintains a record that such an 
                        inquiry was made and the confirmation provided 
                        (or not provided).
                  ``(B) Expedited procedure in case of no 
                confirmation.--In connection with subparagraph (A), the 
                Attorney General shall establish, in consultation with 
                the Commissioner of Social Security and the 
                Commissioner of the Service, expedited procedures that 
                shall be used to confirm the validity of information 
                used under the confirmation mechanism in cases in which 
                the confirmation is sought but is not provided through 
                the confirmation mechanism.
                  ``(C) Design and operation of mechanism.--The 
                confirmation mechanism shall be designed and operated--
                          ``(i) to maximize the reliability of the 
                        confirmation process, and the ease of use by 
                        employers, recruiters, and referrers, 
                        consistent with insulating and protecting the 
                        privacy and security of the underlying 
                        information, and
                          ``(ii) to respond to all inquiries made by 
                        employers on whether individuals are authorized 
                        to be employed by those employers, recruiters, 
                        or referrers registering all times when such 
                        response is not possible.
                  ``(D) Confirmation process.--(i) As part of the 
                confirmation mechanism, the Commissioner of Social 
                Security shall establish a reliable, secure method, 
                which within the time period specified under clause 
                (iii), compares the name and social security account 
                number provided against such information maintained by 
                the Commissioner in order to confirm (or not confirm) 
                the validity of the information provided and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information.
                  ``(ii) As part of the confirmation mechanism, the 
                Commissioner of the Service shall establish a reliable, 
                secure method, which, within the time period specified 
                under clause (iii), compares the name and alien 
                identification number (if any) provided against such 
                information maintained by the Commissioner in order to 
                confirm (or not confirm) the validity of the 
                information provided and whether the alien is 
                authorized to be employed in the United States.
                  ``(iii) For purposes of this section, the Attorney 
                General (or a designee of the Attorney General) shall 
                provide through the confirmation mechanism confirmation 
                or a tentative nonconfirmation of an individual's 
                employment eligibility within 3 working days of the 
                initial inquiry. In cases of tentative nonconfirmation, 
                the Attorney General shall specify, in consultation 
                with the Commissioner of Social Security and the 
                Commissioner of the Service, an expedited time period 
                not to exceed 10 working days within which final 
                confirmation or denial must be provided through the 
                confirmation mechanism in accordance with the 
                procedures under subparagraph (B).
                  ``(iv) The Commissioners shall update their 
                information in a manner that promotes the maximum 
                accuracy and shall provide a process for the prompt 
                correction of erroneous information.
                  ``(E) Protections.--(i) In no case shall an 
                individual be denied employment because of inaccurate 
                or inaccessible data under the confirmation mechanism.
                  ``(ii) The Attorney General shall assure that there 
                is a timely and accessible process to challenge 
                nonconfirmations made through the mechanism.
                  ``(iii) If an individual would not have been 
                dismissed from a job but for an error of the 
                confirmation mechanism, the individual will be entitled 
                to compensation through the mechanism of the Federal 
                Tort Claims Act.
                  ``(F) Tester program.--As part of the confirmation 
                mechanism, the Attorney General shall implement a 
                program of testers and investigative activities 
                (similar to testing and other investigative activities 
                assisted under the fair housing initiatives program 
                under section 561 of the Housing and Community 
                Development Act of 1987 to enforce rights under the 
                Fair Housing Act) in order to monitor and prevent 
                unlawful discrimination under the mechanism.
                  ``(G) Protection from liability for actions taken on 
                the basis of information provided by the employment 
                eligibility confirmation mechanism.--No person shall be 
                civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility confirmation mechanism 
                established under this paragraph (including any pilot 
                program established under paragraph (7)).
          ``(7) Application of confirmation mechanism through pilot 
        projects.--
                  ``(A) In general.--Subsection (a)(3)(B) and paragraph 
                (3) shall only apply to individuals hired if they are 
                covered under a pilot project established under this 
                paragraph.
                  ``(B) Undertaking pilot projects.--For purposes of 
                this paragraph, the Attorney General shall undertake 
                pilot projects for all employers in at least 5 of the 7 
                States with the highest estimated population of 
                unauthorized aliens, in order to test and assure that 
                the confirmation mechanism described in paragraph (6) 
                is reliable and easy to use. Such projects shall be 
                initiated not later than 6 months after the date of the 
                enactment of this paragraph. The Attorney General, 
                however, shall not establish such mechanism in other 
                States unless Congress so provides by law. The pilot 
                projects shall terminate on such dates, not later than 
                October 1, 1999, as the Attorney General determines. At 
                least one such pilot project shall be carried out 
                through a nongovernmental entity as the confirmation 
                mechanism.
          ``(C) Report.--The Attorney General shall submit to the 
        Congress annual reports in 1997, 1998, and 1999 on the 
        development and implementation of the confirmation mechanism 
        under this paragraph. Such reports may include an analysis of 
        whether the mechanism implemented--
                  ``(i) is reliable and easy to use;
                  ``(ii) limits job losses due to inaccurate or 
                unavailable data to less than 1 percent;
                  ``(iii) increases or decreases discrimination;
                  ``(iv) protects individual privacy with appropriate 
                policy and technological mechanisms; and
                  ``(v) burdens individual employers with costs or 
                additional administrative requirements.''.
  (c) Reduction of Paperwork for Certain Employees.--Section 274A(a) (8 
U.S.C. 1324a(a)) is amended by adding at the end the following new 
paragraph:
          ``(6) Treatment of documentation for certain employees.--
                  ``(A) In general.--For purposes of paragraphs (1)(B) 
                and (3), if--
                          ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association, and
                          ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) with respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection (b) with 
                respect to the hiring of the employee and shall not be 
                liable for civil penalties described in subsection 
                (e)(5).
                  ``(B) Period.--The period described in this 
                subparagraph is--
                          ``(i) up to 5 years in the case of an 
                        individual who has presented documentation 
                        identifying the individual as a national of the 
                        United States or as an alien lawfully admitted 
                        for permanent residence; or
                          ``(ii) up to 3 years (or, if less, the period 
                        of time that the individual is authorized to be 
                        employed in the United States) in the case of 
                        another individual.
                  ``(C) Liability.--
                          ``(i) In general.--If any employer that is a 
                        member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        and the individual is an unauthorized alien, 
                        then for the purposes of paragraph (1)(A), 
                        subject to clause (ii), the employer shall be 
                        presumed to have known at the time of hiring or 
                        afterward that the individual was an 
                        unauthorized alien.
                          ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an 
                        unauthorized alien.''.
  (d) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a) 
is amended by striking subsections (i) through (n).
  (e) Effective Dates.--
          (1) Except as provided in this subsection, the amendments 
        made by this section shall apply with respect to hiring (or 
        recruiting or referring) occurring on or after such date (not 
        later than 180 days after the date of the enactment of this 
        Act) as the Attorney General shall designate.
          (2) The amendments made by subsections (a)(1) and (a)(2) 
        shall apply with respect to the hiring (or recruiting or 
        referring) occurring on or after such date (not later than 18 
        months after the date of the enactment of this Act) as the 
        Attorney General shall designate.
          (3) The amendment made by subsection (c) shall apply to 
        individuals hired on or after 60 days after the date of the 
        enactment of this Act.
          (4) The amendment made by subsection (d) shall take effect on 
        the date of the enactment of this Act.
          (5) Not later than 180 days after the date of the enactment 
        of this Act, the Attorney General shall issue regulations which 
        shall provide for the electronic storage of forms I-9, in 
        satisfaction of the requirements of section 274A(b)(3) of the 
        Immigration and Nationality Act as amended by this Act.

SEC. 404. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

  Subsection (c) of section 290 (8 U.S.C. 1360) is amended to read as 
follows:
  ``(c)(1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1995), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate number of social 
security account numbers issued to aliens not authorized to be employed 
to which earnings were reported to the Social Security Administration 
in such fiscal year.
  ``(2) If earnings are reported on or after January 1, 1996, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form 
agreed upon by the Commissioner and the Attorney General.''.

SEC. 405. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

  Section 264 (8 U.S.C. 1304) is amended by adding at the end the 
following new subsection:
  ``(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
social security account number for purposes of inclusion in any record 
of the alien maintained by the Attorney General or the Service.''.

SEC. 406. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
                    PAPERWORK REQUIREMENTS.

  (a) In General.--Section 274A(e)(1) (8 U.S.C. 1324a(e)(1)) is 
amended--
          (1) by striking ``and'' at the end of subparagraph (C),
          (2) by striking the period at the end of subparagraph (D) and 
        inserting ``, and'', and
          (3) by adding at the end the following new subparagraph:
                  ``(E) under which a person or entity shall not be 
                considered to have failed to comply with the 
                requirements of subsection (b) based upon a technical 
                or procedural failure to meet a requirement of such 
                subsection in which there was a good faith attempt to 
                comply with the requirement unless (i) the Service (or 
                another enforcement agency) has explained to the person 
                or entity the basis for the failure, (ii) the person or 
                entity has been provided a period of not less than 10 
                business days (beginning after the date of the 
                explanation) within which to correct the failure, and 
                (iii) the person or entity has not corrected the 
                failure voluntarily within such period, except that 
                this subparagraph shall not apply with respect to the 
                engaging by any person or entity of a pattern or 
                practice of violations of subsection (a)(1)(A) or 
                (a)(2).''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to failures occurring on or after the date of the enactment of 
this Act.

SEC. 407. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

  (a) Requiring Certain Remedies in Unfair Immigration-Related 
Discrimination Orders.--Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is 
amended--
          (1) in subparagraph (A), by adding at the end the following: 
        ``Such order also shall require the person or entity to comply 
        with the requirements of clauses (ii) and (vi) of subparagraph 
        (B).'';
          (2) in subparagraph (B), by striking ``Such an order'' and 
        inserting ``Subject to the second sentence of subparagraph (A), 
        such an order''; and
          (3) in subparagraph (B)(vi), by inserting before the 
        semicolon at the end the following: ``and to certify the fact 
        of such education''.
  (b) Treatment of Certain Documentary Practice as Employment 
Practices.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is amended--
          (1) by striking ``For'' and inserting ``(A) Subject to 
        subparagraph (B), for'', and
          (2) by adding at the end the following new subparagraph:
          ``(B) A person or other entity--
                  ``(i) may request a document proving a renewal of 
                employment authorization when an individual has 
                previously submitted a time-limited document to satisfy 
                the requirements of section 274A(b)(1); or
                  ``(ii) if possessing reason to believe that an 
                individual presenting a document which reasonably 
                appears on its face to be genuine is nonetheless an 
                unauthorized alien, may (I) inform the individual of 
                the question about the document's validity, and of such 
                person or other entity's intention to verify the 
                validity of such document, and (II) upon receiving 
                confirmation that the individual is unauthorized to 
                work, may dismiss the individual with no benefits or 
                rights accruing on the basis of the period employed.
        Nothing in this provision prohibits an individual from offering 
        alternative documents that satisfy the requirements of section 
        274A(b)(1).''.
  (c) Effective Date.--The amendments made by subsection (a) shall 
apply to orders issued on or after the first day of the first month 
beginning at least 90 days after the date of the enactment of this Act.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

SEC. 500. OVERVIEW OF NEW LEGAL IMMIGRATION SYSTEM.

  This title amends the legal immigration provisions of the Immigration 
and Nationality Act so as to provide for the following (beginning with 
fiscal year 1997):
          (1) Division of immigration among 3 categories.--There will 
        be a worldwide level of immigration of approximately 562,000, 
        divided among--
                  (A) family-sponsored immigrants, with a worldwide 
                annual numerical limitation (after a transition) of 
                approximately 330,000,
                  (B) employment-based immigrants, with a worldwide 
                annual numerical limitation of 135,000,
                  (C) diversity immigrants, with a worldwide annual 
                numerical limitation of 27,000, and
                  (D) humanitarian immigrants, with a worldwide annual 
                numerical limitation (after a transition) of 
                approximately 70,000.
        Congress is required to reevaluate and reauthorize these 
        numbers every 5 years.
          (2) Family-sponsored immigrants.--
                  (A) Categories.--Family-sponsored immigrants are (i) 
                spouses and children of citizens, (ii) spouses and 
                children of permanent resident aliens, (iii) parents of 
                adult United States citizens if the parents meet 
                certain insurance requirements, and (iv) sons or 
                daughters of United States citizens or sons or 
                daughters of permanent resident aliens who have never 
                been married, are childless, but for the residence 
                requirements would qualify as dependents for Federal 
                income tax purposes, and are at least 21 but not more 
                than 25 years of age.
                  (B) Numerical limitations.--
                          (i) There will be no direct numerical limit 
                        on admission of spouses and children of United 
                        States citizens.
                          (ii) The annual numerical limit on admission 
                        of spouses and children of permanent residents 
                        will not be below 85,000.
                          (iii) The annual numerical limit on admission 
                        of parents of United States citizens will not 
                        be below 25,000.
          (3) Employment-based immigrants.--Employment-based immigrants 
        will fall within the following categories and numerical 
        limitations:
                  (A) Extraordinary immigrants.--First, aliens with 
                extraordinary ability, up to 15,000 each year.
                  (B) Outstanding professors and researchers and 
                multinational executives.--Second, aliens who are 
                outstanding professors and researchers or multinational 
                executives or managers, up to 30,000 each year, plus 
                any left from the previous category.
                  (C) Professionals with advanced degrees or 
                exceptional ability aliens.--Third, aliens who are 
                members of the professions holding advanced degrees or 
                who have exceptional ability, up to 30,000 each year, 
                plus any left from the previous categories.
                  (D) Other professionals and skilled workers.--Fourth, 
                aliens who are skilled workers with at least 4 years of 
                training and work experience or are professionals with 
                a baccalaureate degree and at least 2 years' 
                experience, up to 45,000 each year, plus any left from 
                the previous categories.
                  (E) Investors.--Fifth, aliens who are investing at 
                least $1,000,000 in enterprises in the United States 
                that will employ at least 10 workers, up to 10,000 each 
                year (with a 2-year pilot program for those investing 
                at least $500,000 in enterprises employing at least 5 
                workers).
                  (F) Certain special immigrants.--Lastly, aliens who 
                fall within certain classes of special immigrants (such 
                as religious ministers, aliens who have worked for the 
                Government abroad, certain long-term alien employees of 
                international organizations, certain dependent 
                juveniles, and certain long-term alien members of the 
                Armed Forces), up to 5,000 each year.
          (4) Diversity immigrants.--Diversity immigrants are chosen 
        from the 10 countries in each region with the highest demand 
        for diversity visas by random selection.
          (5) Humanitarian immigrants.--Humanitarian immigrants will 
        fall within the following categories and numerical limitations:
                  (A) Refugees.--Refugees, subject to a numerical 
                limitation (after a transition and excluding emergency 
                refugees) of 50,000 or such higher number as the 
                Congress may provide by law.
                  (B) Asylees.--Aliens seeking asylum, subject to no 
                numerical limitation in any year. As under current law, 
                asylees may adjust to permanent residence status at a 
                rate of up to 10,000 each year.
                  (C) Other humanitarian immigrants.--Other immigrants 
                who are of special humanitarian concern to the United 
                States, up to 10,000 each year.
          (6) Transition.--
                  (A) Additional visa numbers for spouses and minor, 
                unmarried children of permanent resident aliens.--In 
                order to reduce the current backlog for spouses and 
                minor, unmarried children of lawful permanent 
                residents, there will be at least an additional 50,000 
                immigrant visa numbers made available for these aliens 
                for each of 5 fiscal years, with priority for spouses 
                and children of aliens who did not participate in a 
                legalization program.
                  (B) Phase-down in normal flow refugee numerical 
                limitation.--The annual numerical limitation on non-
                emergency refugees (without specific approval of 
                Congress) will be phased down to 75,000 in fiscal year 
                1997 and 50,000 in fiscal year 1998 and thereafter.

                 Subtitle A--Worldwide Numerical Limits

SEC. 501. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
                    IMMIGRANTS.

  (a) Overview.--
          (1) The amendment made by subsection (b) provides for a 
        worldwide level of family-sponsored immigrants of 330,000 less 
        the number of spouses and children of citizens admitted in the 
        previous year.
          (2) However, there will be no limit on spouses and children 
        of citizens, nor would the number of visas available to spouses 
        and children of lawful permanent residents go below 85,000, nor 
        would the number of visas available to parents of citizens go 
        below 25,000.
          (3) Any excess in family immigration above 330,000 would come 
        from other unused visas and, if necessary, from future visa 
        numbers.
          (4) If there are any remaining family visas, these visas 
        would be added to the visas made available to spouses and 
        children of lawful permanent resident aliens.
  (b) Amendment.--Subsection (c) of section 201 (8 U.S.C. 1151) is 
amended to read as follows:
  ``(c) Worldwide Level of Family-Sponsored Immigrants.--
          ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of family-sponsored 
        immigrants under this subsection (in this subsection referred 
        to as the `worldwide family level') for a fiscal year is 
        330,000.
          ``(2) Reduction for spouses and children of united states 
        citizens and certain other family-related immigrants.--The 
        worldwide family level for a fiscal year shall be reduced (but 
        not below a number sufficient to provide for the minimum visa 
        numbers described in paragraph (4)) by the number of aliens 
        described in subsection (b)(2) who were issued immigrant visas 
        or who otherwise acquired the status of aliens lawfully 
        admitted to the United States for permanent residence in the 
        previous fiscal year.
          ``(3) Further reduction for any previous excess family 
        immigration.--
                  ``(A) In general.--If there are excess family 
                admissions in a particular fiscal year (as determined 
                under subparagraph (B)) beginning with fiscal year 
                1997, then for the following fiscal year the worldwide 
                family level shall be reduced (but not below a number 
                sufficient to provide for the minimum visa numbers 
                described in paragraph (4)) by the net number of excess 
                admissions in that particular fiscal year (as defined 
                in subparagraph (C)).
                  ``(B) Determination of excess family admissions.--For 
                purposes of subparagraph (A), there are excess family 
                admissions in a fiscal year if--
                          ``(i) the number of aliens who are issued 
                        immigrant visas or who otherwise acquire the 
                        status of aliens lawfully admitted to the 
                        United States for permanent residence under 
                        section 203(a) or subsection (b)(2) in a fiscal 
                        year, exceeds
                          ``(ii) 330,000, less the carryforward number 
                        of excess admissions for the previous fiscal 
                        year (as defined in subparagraph (D)).
                For purposes of this subparagraph, immigrant visa 
                numbers issued under section 553 of the Immigration in 
                the National Interest Act of 1995 (relating to certain 
                transition immigrants) shall not be counted under 
                clause (i).
                  ``(C) Net number of excess admissions.--For purposes 
                of subparagraph (A), the `net number of excess 
                admissions' for a fiscal year is--
                          ``(i) the excess described in subparagraph 
                        (B) for the fiscal year, reduced (but not below 
                        zero) by
                          ``(ii) the number (if any) by which the 
                        worldwide level under subsection (d) for the 
                        previous fiscal year exceeds the number of 
                        immigrants who are issued immigrant visas or 
                        who otherwise acquire the status of aliens 
                        lawfully admitted to the United States for 
                        permanent residence under section 203(b) in 
                        that previous fiscal year.
                  ``(D) Carryforward number of excess admissions.--For 
                purposes of subparagraph (B)(ii), the carryforward 
                number of excess admissions for a particular fiscal 
                year is the net number of excess admissions for the 
                previous fiscal year (as defined in subparagraph (C)), 
                reduced by the reductions effected under subparagraph 
                (A) and paragraph (5) in visa numbers for the 
                particular fiscal year.
          ``(4) No reduction in number of spouses and children of 
        lawful permanent residents or parents of united states 
        citizens.--
                  ``(A) Spouses and children of lawful permanent 
                residents.--Any reductions in the worldwide family 
                level for a fiscal year under paragraph (2) or (3) 
                shall not reduce the number of visas available to 
                spouses and children of lawful permanent residents 
                below 85,000.
                  ``(B) Parents of united states citizens.--Any 
                reductions in the worldwide family level for a fiscal 
                year under paragraph (2) or (3) shall not reduce the 
                number of visas available to parents of United States 
                citizens below 25,000.
          ``(5) Adjustment in certain employment-based visa numbers in 
        case of remaining excess family admissions.--
                  ``(A) In general.--If there is a remaining excess 
                number of family admissions (as described in 
                subparagraph (B)) in a fiscal year (beginning with 
                fiscal year 1997) that is greater than zero, then for 
                the following fiscal year there shall be reductions in 
                immigrant visa numbers made available under subsection 
                (d) and section 203(b)(4) by the lesser of--
                          ``(i) the remaining excess number of family 
                        admissions (described in subparagraph (B)), or
                          ``(ii) \1/2\ of the maximum number of visa 
                        numbers that could (but for this paragraph) 
                        otherwise be made available under section 
                        203(b)(5) in such following fiscal year.
                  ``(B) Remaining excess number of family admissions 
                described.--For purposes of subparagraph (A), the 
                `remaining excess number of family admissions' in a 
                fiscal year is the net number of excess admissions for 
                the fiscal year (as defined in paragraph (3)(C)), 
                reduced by the reduction (if any) effected under 
                paragraph (3) in visa numbers for the succeeding fiscal 
                year.''.

SEC. 502. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED 
                    IMMIGRANTS.

  Subsection (d) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
  ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide 
level of employment-based immigrants under this subsection for a fiscal 
year is--
          ``(1) 135,000, minus
          ``(2) beginning with fiscal year 1998, the total of the 
        reductions (if any) in visa numbers under section 203(a)(3)(C) 
        made for the fiscal year pursuant to subsection (c)(5) and in 
        visa numbers under this subsection for the fiscal year pursuant 
        to section 203(a)(3)(B)(ii)(II).''.

SEC. 503. WORLDWIDE NUMERICAL LIMITATION ON DIVERSITY IMMIGRANTS.

  Subsection (e) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
  ``(e) Worldwide Level of Diversity Immigrants.--The worldwide level 
of diversity immigrants is equal to 27,000 for each fiscal year.''.

SEC. 504. ESTABLISHMENT OF NUMERICAL LIMITATION ON HUMANITARIAN 
                    IMMIGRANTS.

  (a) In General.--Section 201 (8 U.S.C. 1151) is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of paragraph (2),
                  (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and'', and
                  (C) by adding at the end the following new paragraph:
          ``(4) for fiscal years beginning with fiscal year 1997, 
        humanitarian immigrants described in section 203(e) (or who are 
        admitted under section 211(a) on the basis of a prior issuance 
        of a visa to their accompanying parent under section 203(e)) in 
        a number not to exceed in any fiscal year the number specified 
        in subsection (f) for that year, and not to exceed in any of 
        the first 3 quarters of any fiscal year 27 percent of the 
        worldwide level under such subsection for all of such fiscal 
        year.''; and
          (2) by adding at the end the following new subsection:
  ``(f) Worldwide Level of Humanitarian Immigrants.--
          ``(1) In general.--Subject to the succeeding provisions of 
        this subsection, the worldwide level of humanitarian immigrants 
        (in this subsection referred to as the `worldwide humanitarian 
        level') under this subsection for a fiscal year is equal to 
        70,000.
          ``(2) Reduction for humanitarian immigrants who are refugees 
        or asylees.--The worldwide humanitarian level for a fiscal year 
        shall be reduced by the sum of--
                  ``(A) 50,000, or, if less, the number of aliens who 
                were admitted as refugees under section 207 in the 
                previous fiscal year, and
                  ``(B) the number of aliens who had been granted 
                asylum whose status was adjusted in the previous fiscal 
                year under section 209(b).
          ``(3) Reduction for prior year cancellation of removal and 
        registry.--The worldwide humanitarian level for a fiscal year 
        shall be further reduced by the sum of--
                  ``(A) the number of aliens whose removal was canceled 
                and who were provided lawful permanent resident status 
                in the previous fiscal year under section 240A, and
                  ``(B) the number of aliens who were provided 
                permanent resident status in the previous fiscal year 
                under section 249.
          ``(4) Limitation.--In no case shall the worldwide 
        humanitarian level for a fiscal year (taking into account any 
        reductions under paragraphs (2) and (3)) exceed 10,000.''.
  (b) Transition.--In determining the worldwide humanitarian level 
under section 201(f) of the Immigration and Nationality Act for fiscal 
year 1997, the reference in paragraph (3)(A) of such section to 
`section 240A' is deemed a reference to `section 244(a)'.

SEC. 505. REQUIRING CONGRESSIONAL REVIEW AND REAUTHORIZATION OF 
                    WORLDWIDE LEVELS EVERY 5 YEARS.

  Section 201 (8 U.S.C. 1151) is further amended by adding at the end 
the following new subsection:
  ``(g) Requirement for Periodic Review and Reauthorization of 
Worldwide Levels.--
          ``(1) Congressional review.--The Committees on the Judiciary 
        of the House of Representatives and of the Senate shall 
        undertake during fiscal year 2004 (and each fifth fiscal year 
        thereafter) a thorough review of the appropriate worldwide 
        levels of immigration to be provided under this section during 
        the 5-fiscal-year period beginning with the second subsequent 
        fiscal year.
          ``(2) Congressional reauthorization.--The Congress, after 
        consideration of the reviews under paragraph (1) and by 
        amendment to this section, shall specify the appropriate 
        worldwide levels of immigration to be provided under this 
        section during the 5-fiscal-year period beginning with the 
        second subsequent fiscal year.
          ``(3) Sunset in absence of reauthorization.--The worldwide 
        levels specified under the previous provisions of this section 
        are applicable only to fiscal years 1997 through 2005. 
        Immigrant visa numbers for fiscal years after fiscal year 2005 
        that are subject to such levels are only authorized to the 
        extent provided by amendment under paragraph (2) made to this 
        section.''.

                Subtitle B--Changes in Preference System

SEC. 511. LIMITATION OF IMMEDIATE RELATIVES TO SPOUSES AND CHILDREN.

  (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) 
is amended--
          (1) in clause (i)--
                  (A) by striking ``Immediate relatives.--'' and all 
                that follows through the end of the first sentence and 
                inserting ``An alien who is a spouse or child of a 
                citizen of the United States.'', and
                  (B) in the second sentence, by striking ``an 
                immediate relative'' and inserting ``a spouse of a 
                citizen of the United States''; and
          (2) in clause (ii), by striking ``such an immediate 
        relative'' and inserting ``a spouse of a citizen of the United 
        States''.
  (b) Protection of Certain Children from Aging Out of Preference 
Status.--
          (1) In general.--Section 204 (8 U.S.C. 1154) is amended by 
        adding at the end the following new subsection:
  ``(i) For purposes of applying section 101(b)(1) in the case of 
issuance of an immigrant visa to, or admission or adjustment of status 
of, an alien under section 201(b)(2)(A), section 203(a)(1), or 203(e) 
as a child of a citizen of the United States or a permanent resident 
alien, the age of the alien shall be determined as of the date of the 
filing of the classification petition under section 204(a)(1) as such a 
child of a citizen of the United States or a permanent resident 
alien.''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to immigrant visas issued on or after October 1, 
        1996.

SEC. 512. CHANGE IN FAMILY-SPONSORED CLASSIFICATION.

  (a) In General.--Section 203(a) (8 U.S.C. 1153(a)) is amended by 
striking paragraphs (1) through (4) and inserting the following:
          ``(1) Spouses and children of lawful permanent resident 
        aliens.--Immigrants who are the spouses and children of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 85,000, plus any 
        immigrant visas not used under paragraphs (2) and (3).
          ``(2) Parents of united states citizens.--
                  ``(A) In general.--Immigrants who are the parents of 
                an individual who is at least 21 years of age and a 
                citizen of the United States shall be allocated visas 
                in a number, which is not less than 25,000 and does not 
                exceed the lesser of--
                          ``(i) 45,000, or
                          ``(ii) the number by which the worldwide 
                        level exceeds 85,000.
                  ``(B) Reference to insurance requirement.--For 
                requirement relating to insurance for parents, see 
                section 212(a)(4)(D).
          ``(3) Adult sons and daughters.--
                  ``(A) In general.--Immigrants who are the qualifying 
                adult sons or daughters (as defined in subparagraph 
                (C)) of an individual who is (i) at least 21 years of 
                age and (ii) either a citizen of the United States or 
                an alien lawfully admitted for permanent residence 
                shall be allocated visas according to the levels 
                established in subparagraph (B).
                  ``(B) Allocation of visas to adult sons and daughters 
                of united states citizens and permanent resident 
                aliens.--
                          ``(i) In general.--Subject to clause (ii), 
                        any remaining visas shall be allocated under 
                        this paragraph in a number not to exceed the 
                        lesser of--
                                  ``(I) 5,000, or
                                  ``(II) the number by which the 
                                worldwide level exceeds the sum of 
                                85,000 and the number of immigrant 
                                visas used under paragraph (2).
                          ``(ii) Allocation of additional visa 
                        numbers.--
                                  ``(I) In general.--If the demand for 
                                visa numbers under this paragraph 
                                exceeds the number (if any) available 
                                under clause (i) in any fiscal year, an 
                                additional number of visas shall be 
                                made available under this paragraph, 
                                but not to exceed 5,000 additional 
                                visas numbers in any fiscal year.
                                  ``(II) Offsetting reduction in the 
                                levels of employment-based visas.--If 
                                an additional number of visa numbers 
                                are made available under subclause (I) 
                                in a fiscal year, the number of visas 
                                made available under section 201(a)(2) 
                                and paragraphs (1) through (6) of 
                                subsection (b) in the fiscal year shall 
                                be reduced by a number equal to such 
                                additional number reduced by the amount 
                                (if any) by which 110,000 exceeds the 
                                number of immigrant visas used under 
                                paragraphs (1) and (2) of this 
                                subsection in the fiscal year. The 
                                reduction under each such paragraph of 
                                subsection (b) shall be in the same 
                                proportion to the total reduction as 
                                the ratio of the numerical limitation 
                                under each such paragraph specified 
                                under such subsection to the worldwide 
                                level of employment-based immigrants 
                                (as specified in section 201(d)).
                  ``(C) Qualifications.--For purposes of this 
                paragraph, the term `qualifying adult son or daughter' 
                means an immigrant who, as of the date of approval of 
                the classification petition under section 204(a)(1)--
                          ``(i) is at least 21, but not more than 25 
                        years of age,
                          ``(ii) has never been married,
                          ``(iii) is childless, and
                          ``(iv) would qualify as a dependent of the 
                        petitioning individual for Federal income tax 
                        purposes, except that the immigrant does not 
                        meet the residence requirements.
                  ``(D) Three-year conditional requirement.--
                          ``(i) Conditional basis for status.--
                        Notwithstanding any other provision of this 
                        Act, an alien provided lawful permanent 
                        residence status on the basis of being a 
                        qualifying adult son or daughter shall be 
                        considered, at the time of obtaining the status 
                        of an alien lawfully admitted for permanent 
                        residence, to have obtained such status on a 
                        conditional basis subject to the provisions of 
                        this subparagraph.
                          ``(ii) Requirements of notice and petitioning 
                        for removal of conditional status.--The 
                        Attorney General shall establish, by 
                        regulation, procedures which incorporate the 
                        requirements of notice and petitioning for 
                        removal of conditional status similar to the 
                        requirements for removal of conditional status 
                        under section 216A.
                          ``(iii) Termination of status.--In the case 
                        of an alien with permanent resident status on a 
                        conditional basis under clause (i), the alien 
                        must demonstrate that the alien met the 
                        qualifications set forth in subparagraph (C) as 
                        of the date of approval of the classification 
                        petition under section 204(a). In the absence 
                        of such a demonstration by the alien, the 
                        alien's status shall be terminated.
                          ``(iv) Special rule.--In applying section 
                        216A under this subparagraph, any reference to 
                        the `second' anniversary in such section is 
                        deemed a reference to the `third' 
                        anniversary.''.
  (b) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 1182(a)(4)), 
as amended by section 621(a), is amended by adding at the end the 
following new subparagraph:
                  ``(D) Insurance requirements for parents.--
                          ``(i) In general.--Any alien who seeks 
                        admission as a parent under section 203(a)(2) 
                        is inadmissible unless the alien demonstrates 
                        at the time of issuance of the visa (and at the 
                        time of admission) to the satisfaction of the 
                        consular officer and the Attorney General that 
                        the alien--
                                  ``(I) will have coverage under an 
                                adequate health insurance policy (at 
                                least comparable to coverage provided 
                                under the medicare program under title 
                                XVIII of the Social Security Act), and
                                  ``(II) will have coverage with 
                                respect to long-term health needs (at 
                                least comparable to such coverage 
                                provided under the medicaid program 
                                under title XIX of such Act for the 
                                State in which either the alien intends 
                                to reside or in which the petitioner, 
                                on behalf of the alien under section 
                                204(a)(1), resides),
                        throughout the period the individual is 
                        residing in the United States.
                          ``(ii) Factors to be taken into account.--In 
                        making a determination under clause (i), the 
                        Attorney General shall take into account the 
                        age of the parent and the likelihood of the 
                        parent securing health insurance coverage 
                        through employment.''.

SEC. 513. CHANGE IN EMPLOYMENT-BASED CLASSIFICATION.

  (a) In General.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
          (1) by redesignating paragraph (6) as paragraph (7);
          (2) by striking paragraphs (1) through (5) and inserting the 
        following:
          ``(1) Aliens with extraordinary ability.--Visas shall first 
        be made available in a number not to exceed 15,000 of such 
        worldwide level to immigrants--
                  ``(A) who have extraordinary ability in the sciences, 
                arts, education, business, or athletics which has been 
                demonstrated by sustained national or international 
                acclaim and whose achievements have been recognized in 
                the field through sufficient documentation,
                  ``(B) who seek to be admitted into the United States 
                to continue work in the area of extraordinary ability, 
                and
                  ``(C) whose admission into the United States will 
                substantially benefit prospectively the United States.
          ``(2) Aliens who are outstanding professors and researchers 
        or multinational executives and managers.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 30,000 of such worldwide level, 
                plus any visas not required for the class specified in 
                paragraph (1), to immigrants who are aliens described 
                in subparagraph (B) or (C).
                  ``(B) Outstanding professors and researchers.--An 
                alien is described in this subparagraph if--
                          ``(i) the alien is recognized internationally 
                        as outstanding in a specific academic area,
                          ``(ii) the alien has at least 3 years of 
                        experience in teaching or research in the 
                        academic area, and
                          ``(iii) the alien seeks to enter the United 
                        States--
                                  ``(I) for a tenured position (or 
                                tenure-track position) within a 
                                university or institution of higher 
                                education to teach in the academic 
                                area,
                                  ``(II) for a comparable position with 
                                a university or institution of higher 
                                education to conduct research in the 
                                area, or
                                  ``(III) for a comparable position to 
                                conduct research in the area with a 
                                department, division, or institute of a 
                                private employer, if the department, 
                                division, or institute employs at least 
                                3 persons full-time in research 
                                activities and has achieved documented 
                                accomplishments in an academic field.
                          ``(C) Certain multinational executives and 
                        managers.--An alien is described in this 
                        subparagraph if the alien, in the 3 years 
                        preceding the time of the alien's application 
                        for classification and admission into the 
                        United States under this subparagraph, has been 
                        employed for at least 1 year by a firm or 
                        corporation or other legal entity or an 
                        affiliate or subsidiary thereof and the alien 
                        seeks to enter the United States in order to 
                        continue to render services to the same 
                        employer or to a subsidiary or affiliate 
                        thereof in a capacity that is managerial or 
                        executive.
          ``(3) Aliens who are members of the professions holding 
        advanced degrees or aliens of exceptional ability.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 30,000 of such worldwide level, 
                plus any visas not required for the classes specified 
                in paragraphs (1) and (2), to immigrants who are aliens 
                described in subparagraph (B).
                  ``(B) Aliens who are members of the professions 
                holding advanced degrees or aliens of exceptional 
                ability.--
                          ``(i) In general.--An alien is described in 
                        this subparagraph if the alien is a member of a 
                        profession holding an advanced degree or its 
                        equivalent or who because of exceptional 
                        ability in the sciences, arts, or business will 
                        substantially benefit prospectively the 
                        national economy, cultural or educational 
                        interests, or welfare of the United States, and 
                        whose services in the sciences, arts, 
                        professions, or business are sought by an 
                        employer in the United States.
                          ``(ii) Determination of exceptional 
                        ability.--In determining under clause (i) 
                        whether an immigrant has exceptional ability, 
                        the possession of a degree, diploma, 
                        certificate, or similar award from a college, 
                        university, school, or other institution of 
                        learning or a license to practice or 
                        certification for a particular profession or 
                        occupation shall not by itself be considered 
                        sufficient evidence of such exceptional 
                        ability.
                          ``(iii) Labor certification required.--An 
                        immigrant visa may not be issued to an 
                        immigrant under this subparagraph until the 
                        consular officer is in receipt of a 
                        determination made by the Secretary of Labor 
                        pursuant to the provisions of section 
                        212(a)(5)(A).
                          ``(iv) National interest waiver.--The 
                        Attorney General may waive the requirement 
                        under clause (iii) and the requirement under 
                        clause (i) that an alien's services be sought 
                        by an employer in the United States only if--
                                  ``(I) such a waiver is necessary to 
                                substantially benefit--
                                          ``(aa) the national security, 
                                        national defense, or Federal, 
                                        State, or local law 
                                        enforcement;
                                          ``(bb) health care, housing, 
                                        or educational opportunities 
                                        for an indigent or low-income 
                                        population or in an underserved 
                                        geographical area;
                                          ``(cc) economic or employment 
                                        opportunities for a specific 
                                        industry or a specific 
                                        geographical area;
                                          ``(dd) the development of new 
                                        technologies; or
                                          ``(ee) environmental 
                                        protection or the productive 
                                        use of natural resources, and
                                  ``(II) the alien will engage in a 
                                specific undertaking to advance one or 
                                more of the interests under subclause 
                                (I).
          ``(4) Skilled workers and professionals.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 45,000 of such worldwide level, 
                plus any visas not required for the classes specified 
                in paragraphs (1) through (3) to immigrants who are 
                described in subparagraph (B) or (C).
                  ``(B) Skilled workers.--An alien described in this 
                subparagraph is an immigrant who is capable, at the 
                time a petition is filed, of performing skilled labor 
                (requiring at least 2 years of training or experience), 
                not of a temporary or seasonal nature, for which 
                qualified workers are not available in the United 
                States, and who has a total of 4 years of training or 
                experience (or both) with respect to such labor.
                  ``(C) Professionals.--
                          ``(i) In general.--An alien described in this 
                        subparagraph is an immigrant who holds a 
                        baccalaureate degree and is a member of the 
                        professions and, subject to clause (ii), has at 
                        least 2 years of experience in the profession 
                        after the receipt of the degree.
                          ``(ii) Special rule for language teachers.--
                        An alien who is a teacher and has (within the 
                        previous 5 years) at least 2 years of 
                        experience teaching a language (other than 
                        English) full-time at an accredited elementary 
                        or middle school may be classified and admitted 
                        as a professional under this subparagraph if 
                        the alien is seeking admission to teach such 
                        language full-time in an accredited elementary 
                        or middle school.
                  ``(D) Labor certification required.--An immigrant 
                visa may not be issued to an immigrant under this 
                paragraph until the consular officer is in receipt of a 
                determination made by the Secretary of Labor pursuant 
                to the provisions of section 212(a)(5)(A).
                  ``(E) Experience requirement.--Any period of 
                experience acquired as a nonimmigrant under section 
                101(a)(15)(E), 101(a)(15)(H)(i), or 101(a)(15)(L) may 
                be used to fulfill a requirement for experience under 
                this paragraph.
          ``(5) Investors in job creation.--
                  ``(A) In general.--Visas shall be made available, in 
                a number not to exceed 10,000 of such worldwide level 
                less the reduction in visa numbers under this paragraph 
                required to be effected under section 201(c)(5)(A) for 
                the fiscal year involved, to immigrants seeking to 
                enter the United States for the purpose of engaging in 
                a new commercial enterprise--
                          ``(i) which the alien has established,
                          ``(ii) in which the alien has invested (after 
                        the date of the enactment of the Immigration 
                        Act of 1990), or is actively in the process of 
                        investing, capital in an amount not less 
                        $1,000,000, and
                          ``(iii) which will benefit the United States 
                        economy and create full-time employment for not 
                        fewer than 10 United States citizens or aliens 
                        lawfully admitted for permanent residence or 
                        other immigrants lawfully authorized to be 
                        employed in the United States (other than the 
                        immigrant and the immigrant's spouse, sons, or 
                        daughters).
                  ``(B) Pilot program.--For each of fiscal years 1997 
                and 1998, up to 2,000 visas otherwise made available 
                under this paragraph shall be made available to 
                immigrants who would be described in subparagraph (A) 
                if `$500,000' were substituted for `$1,000,000' in 
                subparagraph (A)(ii) and if `for not fewer than 5' were 
                substituted for `for not fewer than 10' in subparagraph 
                (A)(iii). By not later than April 1, 1998, the Attorney 
                General shall submit to Congress a report on the 
                operation of this subparagraph and shall include in the 
                report information describing the immigrants admitted 
                under this paragraph and the enterprises they invest in 
                and a recommendation on whether the pilot program under 
                this subparagraph should be continued or modified.
          ``(6) Certain special immigrants.--Visas shall be made 
        available, in a number not to exceed 5,000 of such worldwide 
        level, to qualified special immigrants described in section 
        101(a)(27) (other than those described in subparagraph (A) 
        thereof), of which not more than 4,000 may be made available in 
        any fiscal year to special immigrants described in subclause 
        (II) or (III) of section 101(a)(27)(C)(ii).''; and
          (3) by adding at the end the following new paragraph:
          ``(8) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work experience 
        obtained in employment in the United States with respect to 
        which the alien was an unauthorized alien (as defined in 
        section 274A(h)(3)) shall not be taken into account.''.
  (b) Conditional Status for Certain Foreign Language Teachers.--
          (1) In general.--Title II is amended by inserting after 
        section 216A the following new section:

 ``conditional permanent resident status for certain foreign language 
                                teachers

  ``Sec. 216B. (a) In General.--Subject to the succeeding provisions of 
this section, section 216A shall apply to an alien foreign language 
teacher (as defined in subsection (d)(1)) and to an alien spouse or 
alien child (as defined in subsection (d)(2)) in the same manner as 
such section applies to an alien entrepreneur and an alien spouse or 
alien child.
  ``(b) Timing for Petition.--
          ``(1) In general.--In applying section 216A under subsection 
        (a), any reference to a `second anniversary of an alien's 
        lawful admission for permanent residence' is deemed a reference 
        to the end of the time period described in paragraph (2).
          ``(2) Time period for determination.--The time period 
        described in this paragraph is 5 years less the period of 
        experience, during the 5-year period ending on the date the 
        alien foreign language teacher obtains permanent resident 
        status, of teaching a language (other than English) full-time 
        at an accredited elementary or middle school.
  ``(c) Requirement for Total of 5 Years' Teaching Experience.--In 
applying section 216A under subsection (a), the determination of the 
Attorney General under section 216A(b)(1) shall be whether (and the 
facts and information under section 216A(d)(1) shall demonstrate that) 
the alien has been employed on a substantially full-time basis as a 
foreign language teacher at an accredited elementary or middle school 
in the United States during the period since obtaining permanent 
residence status (instead of the determinations described in section 
216A(b)(1) and of the facts and information described in section 
216A(d)(1)).
  ``(d) Definitions.--In this section:
          ``(1) The term `alien foreign language teacher' means an 
        alien who obtains the status of an alien lawfully admitted for 
        permanent residence (whether on a conditional basis or 
        otherwise) under section 203(b)(4)(C)(ii) on the basis of less 
        than 5 years' teaching experience.
          ``(2) The term `alien spouse' and the term `alien child' mean 
        an alien who obtains the status of an alien lawfully admitted 
        for permanent residence (whether on a conditional basis or 
        otherwise) by virtue of being the spouse or child, 
        respectively, of an alien foreign language teacher.''.
          (2) Clerical amendment.--The table of contents is amended by 
        inserting after the item relating to section 216A the 
        following:

``Sec. 216B. Conditional permanent resident status for certain foreign 
language teachers.''.

SEC. 514. CHANGES IN DIVERSITY IMMIGRANT PROGRAM.

  (a) Application Only to 10 Countries with Highest Registrants.--
Section 203(c) (8 U.S.C. 1153(c)) is amended--
          (1) in paragraph (1)(B)(ii), by striking ``and'' at the end 
        of subclause (I), by striking the period at the end of 
        subclause (II) and inserting ``, and'', and by adding at the 
        end the following new subclause:
                                  ``(III) within each region, the 10 
                                foreign states which had the highest 
                                number of registrants for the diversity 
                                immigrant program under this subsection 
                                for the period beginning October 1, 
                                1994, and ending September 30, 1996, 
                                and which are not high-admission 
                                states.''; and
          (2) by adding at the end of paragraph (1)(E) the following 
        new clause:
                          ``(vi) Ten states eligible in each region.--
                        Only natives of the 10 states identified for 
                        each region in subparagraph (B)(ii)(III) are 
                        eligible for diversity visas.''.
  (b) Change in Definition of Region.--Section 203(c)(1)(F) (8 U.S.C. 
1153(c)(1)(F)) is amended--
          (1) by striking ``Northern Ireland shall be treated as a 
        separate foreign state,'',
          (2) by striking the comma after ``foreign state'',
          (3) in clause (iv), by striking ``(other than Mexico)'',
          (4) in clause (vi), by striking ``Mexico,''.
  (c) Establishing Job Offer Requirement.--Paragraph (2) of section 
203(c) (8 U.S.C. 1153(c)) is amended to read as follows:
          ``(2) Requirement of job offer and education or skilled 
        worker.--An alien is not eligible for a visa under this 
        subsection unless the alien--
                  ``(A) has a job offer in the United States which has 
                been verified;
                  ``(B) has at least a high school education or its 
                equivalent; and
                  ``(C) has at least 2 years of work experience in an 
                occupation which requires at least 2 years of 
                training.''.
  (d) Additional Provisions.--Section 203(c) (8 U.S.C. 1153) is further 
amended by adding at the end the following new paragraphs:
          ``(4) Fees.--Fees for the furnishing and verification of 
        applications for visas under this subsection and for the 
        issuance of visas under this subsection may be prescribed by 
        the Secretary of State in such amounts as are adequate to 
        compensate the Department of State for the costs of 
        administering the diversity immigrant program. Any such fees 
        collected may be deposited as an offsetting collection to the 
        appropriate Department of State appropriation to recover the 
        costs of such program and shall remain available for obligation 
        until expended.
          ``(5) Ineligibility of aliens unlawfully present in the 
        united states.--An alien who is unlawfully present in the 
        United States at the time of filing of an application, within 5 
        years prior to the filing of such application, or at any time 
        subsequent to the filing of the application is ineligible for a 
        visa under this subsection.''.

SEC. 515. AUTHORIZATION TO REQUIRE PERIODIC CONFIRMATION OF 
                    CLASSIFICATION PETITIONS.

  (a) In General.--Section 204(b) (8 U.S.C. 1154(b)) is amended by 
inserting ``(1)'' after ``(b)'' and by adding at the end the following 
new paragraph:
  ``(2)(A) The Attorney General may provide that a petition approved 
with respect to an alien (and the priority date established with 
respect to the petition) shall expire after a period (specified by the 
Attorney General and of not less than 2 years) following the date of 
approval of the petition, unless the petitioner files with the Attorney 
General a form described in subparagraph (B).
  ``(B) The Attorney General shall specify the form to be used under 
this paragraph. Such form shall be designed--
          ``(i) to reconfirm the continued intention of the petitioner 
        to seek admission of the alien based on the classification 
        involved, and
          ``(ii) as may be provided by the Attorney General, to update 
        the contents of the original classification petition.
  ``(C) The Attorney General may apply subparagraph (A) to one or more 
classes of classification petitions and for different periods of time 
for different classes of such petitions, as specified by the Attorney 
General.''.
  (b) Effective Date.--(1) Except as provided in paragraph (2), the 
amendments made by subsection (a) shall not apply to classification 
petitions filed before October 1, 1996.
  (2) The Attorney General may apply such amendments to such 
classification petitions, but only in a manner so that no such petition 
expires under such amendments before October 1, 2000.

SEC. 516. CHANGES IN SPECIAL IMMIGRANT STATUS.

  (a) Repealing Certain Obsolete Provisions.--Section 101(a)(27) (8 
U.S.C. 1101(a)(27)) is amended by striking subparagraphs (B), (E), (F), 
(G), and (H).
  (b) Special Immigrant Status for Certain NATO Civilian Employees.--
Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is further amended--
          (1) by striking ``or'' at the end of subparagraph (J),
          (2) by striking the period at the end of subparagraph (K) and 
        inserting ``; or'', and
          (3) by adding at the end the following new subparagraph:
          ``(L) an immigrant who would be described in clause (i), 
        (ii), (iii), or (iv) of subparagraph (I) if any reference in 
        such a clause--
                  ``(i) to an international organization described in 
                paragraph (15)(G)(i) were treated as a reference to the 
                North American Treaty Organization (NATO);
                  ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) 
                were treated as a reference to a nonimmigrant 
                classifiable under NATO-6 (as a member of a civilian 
                component accompanying a force entering in accordance 
                with the provisions of the NATO Status-of-Forces 
                Agreement, a member of a civilian component attached to 
                or employed by an Allied Headquarters under the 
                `Protocol on the Status of International Military 
                Headquarters' set up pursuant to the North Atlantic 
                Treaty, or as a dependent); and
                  ``(iii) to the Immigration Technical Corrections Act 
                of 1988 or to the Immigration and Nationality Technical 
                Corrections Act of 1994 were a reference to the 
                Immigration in the National Interest Act of 1995.''.
  (c) Conforming Nonimmigrant Status for Certain Parents of Special 
Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is 
amended--
          (1) by inserting ``(or under analogous authority under 
        paragraph (27)(L))'' after ``(27)(I)(i)'', and
          (2) by inserting ``(or under analogous authority under 
        paragraph (27)(L))'' after ``(27)(I)''.
  (d) Extension of Sunset for Religious Workers.--Section 
101(a)(27)(C)(ii) (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking 
``1997'' and inserting ``2005'' each place it appears.
  (e) Additional Conforming Amendments.--
          (1) Section 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended 
        by striking ``or (B)''.
          (2) Section 203(b)(4) (8 U.S.C. 1153(b)(4)) is amended by 
        striking ``or (B)''.
          (3) Section 214(l)(3) (8 U.S.C. 1184(l)(3)), as redesignated 
        by section 851(a)(3)(A), is amended by striking ``, who has not 
        otherwise been accorded status under section 101(a)(27)(H),''.
          (4) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by 
        striking ``101(a)(27)(H), (I),'' and inserting 
        ``101(a)(27)(I),''.
  (f) Effective Dates.--(1) Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act.
  (2) The amendments made by subsection (a) shall not apply to any 
alien with respect to whom an application for special immigrant status 
under a subparagraph repealed by such amendments has been filed by not 
later than September 30, 1996.

SEC. 517. REQUIREMENTS FOR REMOVAL OF CONDITIONAL STATUS OF 
                    ENTREPRENEURS.

  (a) In General.--Section 216A(b) (8 U.S.C. 1186b(b)) is amended--
          (1) by amending clause (ii) of paragraph (1)(B) to read as 
        follows:
                  ``(ii) subject to paragraph (3), the alien did not 
                invest (and maintain investment of) the requisite 
                capital, or did not employ the requisite number of 
                employees, throughout substantially the entire period 
                since the alien's admission; or'', and
          (2) by adding at the end the following new paragraph:
          ``(3) Exceptions.--
                  ``(A) Good faith exception.--Paragraph (1)(B)(ii) 
                shall not apply to an alien to the extent that the 
                alien continues to attempt in good faith throughout the 
                period since admission to invest (and maintain 
                investment of) the requisite capital, and to employ the 
                requisite number of employees, but was unable to do so 
                due to circumstances for which the alien should not 
                justly be held responsible.
                  ``(B) Extension.--In the case of an alien to whom the 
                exception under subparagraph (A) applies, the 
                application period under subsection (d)(2) (and period 
                for termination under paragraph (1)) shall be extended 
                (for up to 3 additional years) by such additional 
                period as may be necessary to enable the alien to have 
                had the requisite capital and number of employees 
                throughout a 2-year period. Such extension shall 
                terminate at any time at which the Attorney General 
                finds that the alien has not continued to attempt in 
                good faith to invest such capital and employ such 
                employees.''.
  (b) Effective Date.--The amendments made by subsection (a) shall 
apply to aliens admitted on or after the date of the enactment of this 
Act.

SEC. 518. ADULT DISABLED CHILDREN.

  Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended--
          (1) in subparagraph (E) by striking ``or'' at the end,
          (2) in subparagraph (F) by striking the period at the end and 
        inserting ``; or'', and
          (3) by adding at the end the following new subparagraph:
          ``(G) a child of a citizen or national of the United States 
        or lawful permanent resident alien, regardless of age, who has 
        never been married, and who has a severe mental or physical 
        impairment, or combination of mental or physical impairments, 
        which--
                  ``(i) is likely to continue indefinitely; and
                  ``(ii) causes substantially total inability to 
                perform functions necessary for independent living, 
                including but not necessarily limited to 3 or more of 
                the following areas of major life activity--
                          ``(I) self-care,
                          ``(II) interpersonal communication,
                          ``(III) learning,
                          ``(IV) mobility, and
                          ``(V) self-direction:
        Provided, That no child may be considered to be a child within 
        the meaning of this subparagraph on the basis, in whole or in 
        part, of any physical or mental impairment that is not being 
        ameliorated through medical treatment to the maximum extent 
        reasonably possible given the ability and resources of such 
        child and the citizen, national, or lawful permanent resident 
        alien who is the child's parent.''.

SEC. 519. MISCELLANEOUS CONFORMING AMENDMENTS.

  (a) Conforming Amendments Relating to Immediate Relatives.--
          (1) Section 101(b)(1)(F) (8 U.S.C. 1101(b)(1)(F)) is amended 
        by striking ``as an immediate relative under section 201(b)'' 
        and inserting ``as a child of a citizen of the United States''.
          (2) Section 204 (8 U.S.C. 1154) is amended--
                  (A) in subsection (a)(1)(A)(i), by striking ``to an 
                immediate relative status'' and inserting ``to status 
                as the spouse or child of a citizen of the United 
                States'';
                  (B) in subsection (a)(1)(A)(iii), by striking ``as an 
                immediate relative'' and inserting ``as the spouse of a 
                citizen of the United States'';
                  (C) in subsection (a)(1)(iv), by striking ``as an 
                immediate relative'' and inserting ``as a child of a 
                citizen of the United States'';
                  (D) in subsection (b), by striking ``an immediate 
                relative specified in section 201(b)'' and inserting 
                ``a spouse or child of a citizen of the United States 
                under section 201(b)'';
                  (E) in subsection (c), by striking ``an immediate 
                relative or preference'' and inserting ``a 
                preferential'';
                  (F) in subsection (e)--
                          (i) by striking ``an immediate relative'' and 
                        inserting ``a spouse or child of a citizen of 
                        the United States'', and
                          (ii) by striking ``his'' and ``he'' and 
                        inserting ``the alien's'' and ``the alien'', 
                        respectively; and
                  (G) in subsection (g), by striking ``immediate 
                relative status'' and inserting ``status as a spouse or 
                child of a citizen of the United States or other''.
          (3) Section 212(a)(6)(E)(ii) (8 U.S.C. 1182(a)(6)(E)(ii)) is 
        amended by striking ``an immediate relative'' and inserting ``a 
        spouse, child, or parent of a citizen of the United States''.
          (4) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
        striking ``an immediate relative'' and inserting ``a spouse or 
        child of a citizen of the United States''.
          (5) Section 216(g)(1)(A) (8 U.S.C. 1186a(g)(1)(A)) is amended 
        by striking ``an immediate relative (described in section 
        201(b)) as the spouse of a citizen of the United States'' and 
        inserting ``the spouse of a citizen of the United States 
        (described in section 201(b))''.
          (6) Section 221(a) (8 U.S.C. 1201(a)) is amended by striking 
        ``, immediate relative,''.
          (7)(A) Section 224 (8 U.S.C. 1204) is amended--
                  (i) by amending the heading to read as follows:
 ``visas for spouses and children of citizens and special immigrants'',
                  (ii) by striking ``immediate relative'' the first 
                place it appears and inserting ``a spouse or child of a 
                citizen of the United States'', and
                  (iii) by striking ``immediate relative status'' and 
                inserting ``status or status as a spouse or child of a 
                citizen of the United States''.
          (B) The item in the table of contents relating to section 224 
        is amended to read as follows:

``Sec. 224.  Visas for spouses and children of citizens and special 
immigrants.''.

          (8) Subsection (a)(1)(E)(ii) of section 241 (8 U.S.C. 1251), 
        before redesignation as section 237 by section 305(a)(2), is 
        amended by striking ``an immediate relative'' and inserting ``a 
        spouse, child, or parent of a citizen of the United States 
        under section 201(b) or 203(a)(2)''.
          (9) Section 245(c) (8 U.S.C. 1255(c)) is amended by striking 
        ``an immediate relative as defined in section 201(b)'' and 
        inserting ``a spouse or child of a citizen of the United States 
        under section 201(b) or a parent of a citizen under section 
        203(a)(2)'' each place it appears.
          (10) Section 291 (8 U.S.C. 1361) is amended by striking 
        ``immigrant, special immigrant, immediate relative'' and 
        inserting ``immigrant status, special immigrant status, status 
        as a spouse or child of a citizen of the United States''.
          (11) Section 401 of the Immigration Reform and Control Act of 
        1986 is amended by striking ``immediate relatives'' and 
        inserting ``spouses and children of citizens''.
  (b) Conforming Amendments for Other Family-Sponsored Immigrants.--
          (1) Petitioning requirements.--Section 204 (8 U.S.C. 1154) is 
        amended--
                  (A) in subsection (a)(1)(A)(i), by striking 
                ``paragraph (1), (3), or (4)'' and inserting 
                ``paragraph (2) or (3)'';
                  (B) in subsection (a)(1)(B)(i), by striking ``section 
                203(a)(2)'' and inserting ``paragraph (1) or (3) of 
                section 203(a)(1)'';
                  (C) in clauses (ii) and (iii) of subsection 
                (a)(1)(B), by striking ``203(a)(2)(A)'' and inserting 
                ``203(a)(1)''; and
                  (D) in subsection (f)(1), by striking ``, 203(a)(1), 
                or 203(a)(3)'' and inserting ``or 203(a)(2)''.
          (2) Application of per country levels.--Section 202 (8 U.S.C. 
        1152) is amended--
                  (A) by amending paragraph (4) of subsection (a) to 
                read as follows:
          ``(4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  ``(A) 75 percent of 1st preference not subject to per 
                country limitation.--Of the visa numbers made available 
                under section 203(a) to immigrants described in 
                paragraph (1) of that section in any fiscal year, 
                63,750 shall be issued without regard to the numerical 
                limitation under paragraph (2).
                  ``(B) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(a)(1) exceeds the maximum number of visas 
                that may be made available to immigrants of the state 
                or area under such section consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying paragraph (2) of section 203(a) under 
                subsection (e)(2) all visas shall be deemed to have 
                been required for the classes specified in paragraph 
                (1) of such section.''; and
                  (B) in subsection (e)--
                          (i) in paragraph (1), by inserting before the 
                        semicolon the following: ``(determined without 
                        regard to subsections (c)(4) and (d)(2) of 
                        section 201)'',
                          (ii) in paragraph (2), by striking 
                        ``paragraphs (1) through (4)'' and inserting 
                        ``paragraphs (1) and (2)'', and
                          (iii) in the last sentence, by striking 
                        ``203(a)(2)(A)'' and inserting ``203(a)(1)''.
          (3) Additional conforming amendments.--
                  (A) Subsection (d) of section 203 (8 U.S.C. 1153), 
                before redesignation by section 524(a)(1), is amended 
                by striking ``(a)'' and inserting ``(a)(2)''.
                  (B) Section 212(a)(6)(E)(ii) (8 U.S.C. 
                1182(a)(6)(E)(ii)) and subsection (a)(1)(E)(ii) of 
                section 241 (8 U.S.C. 1251)), before redesignation as 
                section 237 under section 305(a)(2), are each amended 
                by striking ``203(a)(2)'' and inserting ``203(a)(1)''.
                  (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 
                amended by striking ``immigrant under section 203(a) 
                (other than paragraph (4) thereof)'' and inserting ``an 
                immigrant under section 203(a)''.
                  (D) Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) is 
                amended by striking ``203(a)(2)'' and inserting 
                ``203(a)(1)''.
                  (E) Section 2(c) of the Virgin Islands Nonimmigrant 
                Alien Adjustment Act of 1982 (Public Law 97-271) is 
                amended--
                          (i) in paragraph (2), by inserting ``or first 
                        or third family preference petitions'' after 
                        ``second preference petitions'';
                          (ii) in paragraph (3)(A), by striking ``or'' 
                        at the end;
                          (iii) in paragraph (3)(B), by striking the 
                        period at the end and inserting ``; or'';
                          (iv) by adding at the end of paragraph (3) 
                        the following new subparagraph:
          ``(C) by virtue of a first or third family preference 
        petition filed by an individual who was admitted to the United 
        States as an immigrant by virtue of a second family preference 
        petition filed by the son or daughter of the individual, if 
        that son or daughter had his or her status adjusted under this 
        section.''; and
                          (v) in paragraph (4), by striking ``on or 
                        after such date).'' and inserting the 
                        following: ``on or after such date and before 
                        October 1, 1996). For purposes of this 
                        subsection, the terms `first family preference 
                        petition', `second family preference petition', 
                        and `third family preference petition' mean, in 
                        the case of an alien, a petition filed under 
                        section 204(a) of the Act to grant preference 
                        status to the alien by reason of the 
                        relationship described in section 203(a)(1), 
                        203(a)(2), or 203(a)(3), respectively (as in 
                        effect on and after October 1, 1996).''.
  (c) Conforming Amendments Relating to Employment-Based Immigrants.--
          (1) Treatment of special k immigrants.--Subparagraph (B) of 
        section 203(b)(7) (8 U.S.C. 1153(b)(7)), as redesignated by 
        section 513(a)(1), is amended--
                  (A) in clause (i), by striking ``and (3) shall each 
                be reduced by \1/3\'' and inserting ``(3), and (4) 
                shall each be reduced by the same proportion, as the 
                proportion (of the visa numbers made available under 
                all such paragraphs) that were made available under 
                each respective paragraph,'', and
                  (B) in clause (iii), by striking ``(3) of this 
                subsection in the fiscal year shall be reduced by \1/
                3\'' and inserting ``(4) in the fiscal year reduced by 
                the same proportion, as the proportion (of the visa 
                numbers made available under all such paragraphs to 
                natives of the foreign state) that were made available 
                under each respective paragraph to such natives,''.
          (2) Conforming amendments relating to petitioning rights.--
        Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended--
                  (A) in subparagraph (C), by striking ``203(b)(1)(A)'' 
                and inserting ``203(b)(1)'';
                  (B) in subparagraph (D), by striking ``section 
                203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)'' 
                and inserting ``section 203(b)(2), 203(b)(3), or 
                203(b)(4)'';
                  (C) in subparagraph (E)(i), by striking ``203(b)(4)'' 
                and inserting ``203(b)(6)''; and
                  (D) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (E), respectively, and by moving 
                subparagraph (E) (as so redesignated) to precede 
                subparagraph (F) (as so redesignated).
          (3) Ground for inadmissibility.--Section 212(a)(5)(C) (8 
        U.S.C. 1182(a)(5)(C)) is amended by striking ``(2) or (3)'' and 
        inserting ``(3) or (4)''.
          (4) Other conforming amendments.--
                  (A) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is 
                amended by striking ``through (5)'' and inserting 
                ``through (6)''.
                  (B) Section 245(j)(3) (8 U.S.C. 1255(j)(3)), as added 
                by section 130003(c)(1) Violent Crime Control and Law 
                Enforcement Act of 1994 (Public Law 103-322) and as 
                redesignated by section 851(a)(3)(A) of this Act, is 
                amended by striking ``203(b)(4)'' and inserting 
                ``203(b)(6)''.
                  (C) Section 154(b)(1)(B)(i) of the Immigration Act of 
                1990 is amended by striking ``1991)'' and inserting 
                ``1991, and before October 1, 1996) or under section 
                203(a), 203(b)(1), or 203(b)(2) (as in effect on and 
                after October 1, 1996)''.
                  (D) Section 206(a) of the Immigration Act of 1990 is 
                amended by striking ``203(b)(1)(C)'' and inserting 
                ``203(b)(2)(C)''.
                  (E) Section 2(d)(2)(A) of the Chinese Student 
                Protection Act of 1992 (Public Law 102-404) is amended 
                by striking ``203(b)(3)(A)(i)'' and inserting 
                ``203(b)(4)(B)''.
                  (F) The Soviet Scientists Immigration Act of 1992 
                (Public Law 102-509) is amended--
                          (i) in sections 3 and 4(a), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(3)(B)(i) of the Immigration 
                        and Nationality Act (8 U.S.C. 
                        1153(b)(3)(B)(i))'', and
                          (ii) in section 4(c), by striking 
                        ``203(b)(2)(A) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2)(A))'' and 
                        inserting ``203(b)(3) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(2))''.
  (d) Repeal of Certain Outdated Provisions.--The following provisions 
of law are repealed:
          (1) Section 9 of Public Law 94-571 (90 Stat. 2707).
          (2) Section 19 of Public Law 97-116 (95 Stat. 1621).

       Subtitle C--Refugees, Parole, and Humanitarian Admissions

SEC. 521. CHANGES IN REFUGEE ANNUAL ADMISSIONS.

  (a) In General.--Paragraphs (1) and (2) of section 207(a) (8 U.S.C. 
1157(a)) are amended to read as follows:
  ``(1) Except as provided in paragraph (2) and subsection (b), the 
number of refugees who may be admitted under this section in any fiscal 
year shall be such number as the President determines, before the 
beginning of the fiscal year and after appropriate consultation, is 
justified by humanitarian concerns or is otherwise in the national 
interest.
  ``(2)(A) Except as provided in subparagraph (B), the number 
determined under paragraph (1) for a fiscal year may not exceed--
          ``(i) 75,000 in the case of fiscal year 1997, or
          ``(ii) 50,000 in the case of any succeeding fiscal year.
  ``(B) The number determined under paragraph (1) for a fiscal year may 
exceed the limit specified under subparagraph (A) if Congress enacts a 
law providing for a higher number.''.
  (b) Admissions in Emergency Refugee Situations and Timing of the 
Refugee Consultation Process.--
          (1) Section 207(b) (8 U.S.C. 1157(b)) and section 
        207(d)(3)(B) (8 U.S.C. 1157(d)(3)(B)) are amended by striking 
        ``unforeseen''.
          (2) Section 207(d)(1) (8 U.S.C. 1157(d)(1)) is amended by 
        striking ``Before the start of each fiscal year'' and inserting 
        ``Before June 1 of the preceding fiscal year''.
          (3) Section 207(e) (8 U.S.C. 1157(e)) is amended by adding at 
        the end the following:
``Such discussions shall occur before July 1 of the fiscal year 
preceding the fiscal year of admissions, except that discussions 
relating to an emergency refugee situation shall occur not more than 30 
days after the President proposes admissions in response to the 
emergency.''.
  (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply beginning with fiscal year 1997.

SEC. 522. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
                    METHODS.

  (a) Definition of Refugee.--Section 101(a)(42) (8 U.S.C. 1101(a)(42)) 
is amended by adding at the end the following: ``For purposes of 
determinations under this Act, a person who has been forced to abort a 
pregnancy or to undergo involuntary sterilization, or who has been 
persecuted for failure or refusal to undergo such a procedure or for 
other resistance to a coercive population control program, shall be 
deemed to have been persecuted on account of political opinion, and a 
person who has a well founded fear that he or she will be forced to 
undergo such a procedure or subject to persecution for such failure, 
refusal, or resistance shall be deemed to have a well founded fear of 
persecution on account of political opinion.''.
  (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)), as 
amended by section 532(b), is amended by adding at the end the 
following new paragraph:
  ``(4) For any fiscal year, not more than a total of 1,000 refugees 
may be admitted under this subsection or granted asylum under section 
208 pursuant to a determination under the last sentence of section 
101(a)(42) (relating to persecution for resistance to coercive 
population control methods).''.

SEC. 523. PAROLE AVAILABLE ONLY ON A CASE-BY-CASE BASIS FOR 
                    HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT.

  (a) In General.--Paragraph (5) of section 212(d) (8 U.S.C. 1182(d)) 
is amended to read as follows:
  ``(5)(A) Subject to the provisions of this paragraph and section 
214(f)(2), the Attorney General, in the sole discretion of the Attorney 
General, may on a case-by-case basis parole an alien into the United 
States temporarily, under such conditions as the Attorney General may 
prescribe, only--
          ``(i) for an urgent humanitarian reason (as described under 
        subparagraph (B)); or
          ``(ii) for a reason deemed strictly in the public interest 
        (as described under subparagraph (C)).
  ``(B) The Attorney General may parole an alien based on an urgent 
humanitarian reason described in this subparagraph only if--
          ``(i) the alien has a medical emergency and the alien cannot 
        obtain necessary treatment in the foreign state in which the 
        alien is residing or the medical emergency is life-threatening 
        and there is insufficient time for the alien to be admitted 
        through the normal visa process;
          ``(ii) the alien is needed in the United States in order to 
        donate an organ or other tissue for transplant into a close 
        family member; or
          ``(iii) the alien has a close family member in the United 
        States whose death is imminent and the alien could not arrive 
        in the United States in time to see such family member alive if 
        the alien were to be admitted through the normal visa process.
  ``(C) The Attorney General may parole an alien based on a reason 
deemed strictly in the public interest described in this subparagraph 
only if--
          ``(i) the alien has assisted the United States Government in 
        a matter, such as a criminal investigation, espionage, or other 
        similar law enforcement activity, and either the alien's 
        presence in the United States is required by the Government or 
        the alien's life would be threatened if the alien were not 
        permitted to come to the United States; or
          ``(ii) the alien is to be prosecuted in the United States for 
        a crime.
  ``(D) The Attorney General may not use the parole authority under 
this paragraph to permit to come to the United States aliens who have 
applied for and have been found to be ineligible for refugee status or 
any alien to whom the provisions of this paragraph do not apply.
  ``(E) Parole of an alien under this paragraph shall not be considered 
an admission of the alien into the United states. When the purposes of 
the parole of an alien have been served, as determined by the Attorney 
General, the alien shall immediately return or be returned to the 
custody from which the alien was paroled and the alien shall be 
considered for admission to the United States on the same basis as 
other similarly situated applicants for admission.
  ``(F) Not later than 90 days after the end of each fiscal year, the 
Attorney General shall submit a report to the Committees on the 
Judiciary of the House of Representatives and the Senate describing the 
number and categories of aliens paroled into the United States under 
this paragraph. Each such report shall contain information and data 
concerning the number and categories of aliens paroled, the duration of 
parole, and the current status of aliens paroled during the preceding 
fiscal year.''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to individuals paroled into the United States on or after the first day 
of the first month beginning more than 60 days after the date of the 
enactment of this Act.

SEC. 524. ADMISSION OF HUMANITARIAN IMMIGRANTS.

  (a) In General.--Section 203 (8 U.S.C. 1153) is amended--
          (1) by redesignating subsections (d) through (g) as 
        subsections (e) through (h), respectively, and
          (2) by inserting after subsection (c) the following new 
        subsection:
  ``(d) Humanitarian Immigrants.--
          ``(1) In general.--Aliens subject to the worldwide 
        humanitarian level specified in section 201(e) shall be 
        allotted visas only if the aliens have been selected by the 
        Attorney General under paragraph (2) as of special humanitarian 
        concern to the United States.
          ``(2) Selection of immigrants.--
                  ``(A) In general.--The Attorney General shall, on a 
                case-by-case basis and based on humanitarian concerns 
                and the public interest, select aliens for purposes of 
                this subsection.
                  ``(B) Restriction.--The Attorney General may not 
                select an alien under this paragraph if the alien is a 
                refugee (within the meaning of section 101(a)(42)) 
                unless the Attorney General determines that compelling 
                reasons in the public interest with respect to that 
                particular alien require that the alien be admitted 
                into the United States as a humanitarian immigrant 
                under this subsection rather than as a refugee under 
                section 207.
          ``(3) Annual report.--Not later than 90 days after the end of 
        each fiscal year, the Attorney General shall submit to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate a report describing the number of immigrant visas 
        issued under this subsection and the individuals to whom the 
        visas were issued.''.
  (b) Petitioning.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended 
by adding at the end the following new subparagraph:
  ``(I) Any alien desiring to be provided an immigrant visa under 
section 203(d) may file a petition with the Attorney General for such 
classification, but only if the Attorney General has identified the 
alien as possibly qualifying for such a visa.''.
  (c) Order of Consideration.--Subsection (f) of section 203 (8 U.S.C. 
1153), as redesignated by subsection (a)(1), is amended by 
redesignating paragraph (3) as paragraph (4) and by inserting after 
paragraph (2) the following new paragraph:
  ``(3) Immigrant visa numbers made available under subsection (d) 
(relating to humanitarian immigrants) shall be issued to eligible 
immigrants in an order specified by the Attorney General.''.
  (d) Application of Per Country Numerical Limitations.--Section 202(a) 
(8 U.S.C. 1152(a)) is amended by adding at the end the following new 
paragraph:
          ``(5) Per country levels for humanitarian immigrants.--The 
        total number of immigrant visas made available to natives of 
        any single foreign state or dependent area under section 203(d) 
        in any fiscal year may not exceed 50 percent (in the case of a 
        single foreign state) or 15 percent (in the case of a dependent 
        area) of the total number of such visas made available under 
        such subsection in that fiscal year.''.
  (e) Waiver of Certain Grounds of Inadmissibility.--Section 212(a) (8 
U.S.C. 1182(a)) is amended--
          (1) in paragraph (4), as amended by sections 621(a) and 
        512(b), by adding at the end the following new subparagraph:
                  ``(E) Waiver authorized for humanitarian 
                immigrants.--The Attorney General, in the discretion of 
                the Attorney General, may waive the ground of 
                inadmissibility under subparagraph (A) in the case of 
                an alien seeking admission as a humanitarian immigrant 
                under section 203(d).'';
          (2) in paragraph (5)(C), by inserting before the period at 
        the end the following: ``, and shall not apply to immigrants 
        seeking admissions as humanitarian immigrants under section 
        203(d)''; and
          (3) in paragraph (7)(A), by redesignating clause (ii) as 
        clause (iii) and by inserting after clause (i) the following 
        new clause:
                          ``(ii) Waiver authorized for humanitarian 
                        immigrants.--The Attorney General, in the 
                        discretion of the Attorney General, may waive 
                        the ground of inadmissibility under clause (i) 
                        in the case of an alien seeking admission as a 
                        humanitarian immigrant under section 203(d).''.
  (f) Conforming Amendment.--Section 216(g)(1) (8 U.S.C. 1186a(g)(1)) 
is amended by striking ``203(d)'' and inserting ``203(e)''.

                       Subtitle D--Asylum Reform

SEC. 531. ASYLUM REFORM.

  (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read as 
follows:
                                ``asylum
  ``Sec. 208. (a) Authority to Apply for Asylum.--
          ``(1) In general.--Any alien who is physically present in the 
        United States or who arrives in the United States (whether or 
        not at a designated port of arrival), irrespective of such 
        alien's status, may apply for asylum in accordance with this 
        section.
          ``(2) Exceptions.--
                  ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, including pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien would have access to a 
                full and fair procedure for determining a claim to 
                asylum or equivalent temporary protection, unless the 
                Attorney General finds that it is in the public 
                interest for the alien to receive asylum in the United 
                States.
                  ``(B) Time limit.--Paragraph (1) shall not apply to 
                an alien unless the alien demonstrates by clear and 
                convincing evidence that the application has been filed 
                within 30 days after the alien's arrival in the United 
                States.
                  ``(C) Previous asylum applications.--Paragraph (1) 
                shall not apply to an alien if the alien has previously 
                applied for asylum and had such application denied.
                  ``(D) Changed conditions.--An application for asylum 
                of an alien may be considered, notwithstanding 
                subparagraphs (B) and (C), if the alien demonstrates to 
                the satisfaction of the Attorney General the existence 
                of fundamentally changed circumstances which affect the 
                applicant's eligibility for asylum.
          ``(3) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
  ``(b) Conditions for Granting Asylum.--
          ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established by the Attorney General 
        under this section if the Attorney General determines that such 
        alien is a refugee within the meaning of section 101(a)(42)(A).
          ``(2) Exceptions.--
                  ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Attorney General determines that--
                          ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                          ``(ii) the alien, having been convicted by a 
                        final judgment of a particularly serious crime, 
                        constitutes a danger to the community of the 
                        United States;
                          ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                          ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                          ``(v) the alien is inadmissible under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or removable under section 
                        237(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                          ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                  ``(B) Special rules.--
                          ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                          ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                  ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions under which an alien shall be ineligible for 
                asylum under paragraph (1).
                  ``(D) No judicial review.--There shall be no judicial 
                review of a determination of the Attorney General under 
                subparagraph (A)(v).
          ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of 
        an alien who is granted asylum under this subsection may, if 
        not otherwise eligible for asylum under this section, be 
        granted the same status as the alien if accompanying, or 
        following to join, such alien.
  ``(c) Asylum Status.--
          ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                  ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                  ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                  ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
          ``(2) Termination of asylum.--Asylum granted under subsection 
        (b) does not convey a right to remain permanently in the United 
        States, and may be terminated if the Attorney General 
        determines that--
                  ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                  ``(B) the alien meets a condition described in 
                subsection (b)(2);
                  ``(C) the alien may be removed, including pursuant to 
                a bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien cannot establish that it is more likely 
                than not that the alien's life or freedom would be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                  ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                  ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his new 
                nationality.
          ``(3) Removal when asylum is terminated.--An alien described 
        in paragraph (2) is subject to any applicable grounds of 
        inadmissibility or deportability under section 212(a) and 
        237(a), and the alien's removal or return shall be directed by 
        the Attorney General in accordance with sections 240 and 241.
          ``(4) Limitation on judicial review.--No court shall have 
        jurisdiction to review a determination of the Attorney General 
        under paragraph (2).
  ``(d) Asylum Procedure.--
          ``(1) Applications.--The Attorney General shall establish a 
        procedure for the consideration of asylum applications filed 
        under subsection (a). An application for asylum shall not be 
        considered unless the alien submits fingerprints and a 
        photograph in a manner to be determined by regulation by the 
        Attorney General.
          ``(2) Employment.--An applicant for asylum is not entitled to 
        employment authorization, but such authorization may be 
        provided under regulation by the Attorney General. An applicant 
        who is not otherwise eligible for employment authorization 
        shall not be granted such authorization prior to 180 days after 
        the date of filing of the application for asylum.
          ``(3) Fees.--The Attorney General may impose fees for the 
        consideration of an application for asylum, for employment 
        authorization under this section, and for adjustment of status 
        under section 209(b). The Attorney General may provide for the 
        assessment and payment of such fees over a period of time or by 
        installments. Nothing in this paragraph shall be construed to 
        require the Attorney General to charge fees for adjudication 
        services provided to asylum applicants, or to limit the 
        authority of the Attorney General to set adjudication and 
        naturalization fees in accordance with section 286(m).
          ``(4) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                  ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                  ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis.
          ``(5) Consideration of asylum applications.--
                  ``(A) Procedures.--The procedure established under 
                paragraph (1) shall provide that--
                          ``(i) asylum cannot be granted until the 
                        identity of the applicant has been checked 
                        against all appropriate records or databases 
                        maintained by the Attorney General and by the 
                        Secretary of State, including the Automated 
                        Visa Lookout System, to determine any grounds 
                        on which the alien may be inadmissible to or 
                        deportable from the United States, or 
                        ineligible to apply for or be granted asylum;
                          ``(ii) in the absence of exceptional 
                        circumstances, the initial interview or hearing 
                        on the asylum application shall commence not 
                        later than 45 days after the date an 
                        application is filed;
                          ``(iii) in the absence of exceptional 
                        circumstances, final administrative 
                        adjudication of the asylum application, not 
                        including administrative appeal, shall be 
                        completed within 180 days after the date an 
                        application is filed;
                          ``(iv) any administrative appeal shall be 
                        filed within 30 days of a decision granting or 
                        denying asylum, or within 30 days of the 
                        completion of removal proceedings before an 
                        immigration judge under section 240, whichever 
                        is later; and
                          ``(v) in the case of an applicant for asylum 
                        who fails without prior authorization or in the 
                        absence of exceptional circumstances to appear 
                        for an interview or hearing, including a 
                        hearing under section 240, the application may 
                        be dismissed or the applicant may be otherwise 
                        sanctioned for such failure.
                  ``(B) Additional regulatory conditions.--The Attorney 
                General may provide by regulation for any other 
                conditions or limitations on the consideration of an 
                application for asylum not inconsistent with this Act.
          ``(6) Frivolous applications.--
                  ``(A) In general.--If the Attorney General determines 
                that an alien has knowingly made a frivolous 
                application for asylum and the alien has received the 
                notice under paragraph (4)(A), the alien shall be 
                permanently ineligible for any benefits under this Act, 
                effective as of the date of a final determination on 
                such application.
                  ``(B) Material misrepresentations.--An application 
                shall be considered to be frivolous if the Attorney 
                General determines that the application contains a 
                willful misrepresentation or concealment of a material 
                fact.
          ``(7) No private right of action.--Nothing in this subsection 
        shall be construed to create any substantive or procedural 
        right or benefit that is legally enforceable by any party 
        against the United States or its agencies or officers or any 
        other person.''.
  (b) Conforming and Clerical Amendments.--
          (1) The item in the table of contents relating to section 208 
        is amended to read as follows:

``Sec. 208. Asylum.''.

          (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
        (Public Law 101-649) is amended by striking ``208(b)'' and 
        inserting ``208''.
  (c) Effective Date.--The amendment made by subsection (a) shall apply 
to applications for asylum filed on or after the first day of the first 
month beginning more than 180 days after the date of the enactment of 
this Act.

SEC. 532. FIXING NUMERICAL ADJUSTMENTS FOR ASYLEES AT 10,000 EACH YEAR.

  (a) In General.--Section 209(b) (8 U.S.C. 1159(b)) is amended by 
striking ``Not more than'' and all that follows through ``adjust'' and 
inserting the following: ``The Attorney General, in the Attorney 
General's discretion and under such regulations as the Attorney General 
may prescribe, and in a number not to exceed 10,000 aliens in any 
fiscal year, may adjust''.
  (b) Conforming Amendment.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by striking paragraph (4).
  (c) Effective Date.--The amendment made by subsection (a) shall take 
effect on October 1, 1996.

SEC. 533. INCREASED RESOURCES FOR REDUCING ASYLUM APPLICATION BACKLOGS.

  (a) Authorization of Temporary Employment of Certain Annuitants and 
Retirees.--
          (1) In general.--For the purpose of performing duties in 
        connection with adjudicating applications for asylum pending as 
        of the date of the enactment of this Act, the Attorney General 
        may employ for a period not to exceed 24 months (beginning 3 
        months after the date of the enactment of this Act) not more 
        than 300 individuals (at any one time) who, by reason of 
        separation from service on or before January 1, 1995, are 
        receiving--
                  (A) annuities under the provisions of subchapter III 
                of chapter 83 of title 5, United States Code, or 
                chapter 84 of such title;
                  (B) annuities under any other retirement system for 
                employees of the Federal Government; or
                  (C) retired or retainer pay as retired officers of 
                regular components of the uniformed services.
          (2) No reduction in annuity or retirement pay or 
        redetermination of pay during temporary employment.--
                  (A) Retirees under civil service retirement system 
                and federal employees' retirement system.--In the case 
                of an individual employed under paragraph (1) who is 
                receiving an annuity described in paragraph (1)(A)--
                          (i) such individual's annuity shall continue 
                        during the employment under paragraph (1) and 
                        shall not be increased as a result of service 
                        performed during that employment;
                          (ii) retirement deductions shall not be 
                        withheld from such individual's pay; and
                          (iii) such individual's pay shall not be 
                        subject to any deduction based on the portion 
                        of such individual's annuity which is allocable 
                        to the period of employment.
                  (B) Other federal retirees.--The President shall 
                apply the provisions of subparagraph (A) to individuals 
                who are receiving an annuity described in paragraph 
                (1)(B) and who are employed under paragraph (1) in the 
                same manner and to the same extent as such provisions 
                apply to individuals who are receiving an annuity 
                described in paragraph (1)(A) and who are employed 
                under paragraph (1).
                  (C) Retired officers of the uniform services.--The 
                retired or retainer pay of a retired officer of a 
                regular component of a uniformed service shall not be 
                reduced under section 5532 of title 5, United States 
                Code, by reason of temporary employment authorized 
                under paragraph (1).
  (b) Procedures for Property Acquisition on Leasing.--Notwithstanding 
the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
471 et seq.), the Attorney General is authorized to expend out of funds 
made available to the Department of Justice for the administration of 
the Immigration and Nationality Act such amounts as may be necessary 
for the leasing or acquisition of property to carry out the purpose 
described in subsection (a)(1).
  (c) Increase in Asylum Officers.--Subject to the availability of 
appropriations, the Attorney General shall provide for an increase in 
the number of asylum officers to at least 600 asylum officers by fiscal 
year 1997.

       Subtitle E--General Effective Date; Transition Provisions

SEC. 551. GENERAL EFFECTIVE DATE.

  (a) In General.--Except as otherwise provided in subsection (b) or in 
this title, this title and the amendments made by this title shall take 
effect on October 1, 1996, and shall apply beginning with fiscal year 
1997.
  (b) Provisions Taking Effect Upon Enactment.--Sections 523 and 554 
shall take effect on the date of the enactment of this Act.

SEC. 552. GENERAL TRANSITION FOR CURRENT CLASSIFICATION PETITIONS.

  (a) Family-Sponsored Immigrants.--
          (1) Immediate relatives.--Any petition filed under section 
        204(a) of the Immigration and Nationality Act before October 1, 
        1996, for immediate relative status under section 201(b)(2)(A) 
        of such Act (as in effect before such date) as a spouse or 
        child of a United States citizen or as a parent of a United 
        States citizen shall be deemed, as of such date, to be a 
        petition filed under such section for status under section 
        201(b)(2)(A) (as such a spouse or child) or under section 
        203(a)(2), respectively, of such Act (as amended by this 
        title).
          (2) Spouses and children of permanent residents.--Any 
        petition filed under section 204(a) of the Immigration and 
        Nationality Act before October 1, 1996, for preference status 
        under section 203(a)(2) of such Act as a spouse or child of an 
        alien lawfully admitted for permanent residence shall be 
        deemed, as of such date, to be a petition filed under such 
        section for preference status under section 203(a)(1) of such 
        Act (as amended by this title).
  (b) Employment-Based Immigrants.--
          (1) In general.--Subject to paragraph (2), any petition filed 
        before October 1, 1996, and approved on any date, to accord 
        status under section 203(b)(1)(A), 203(b)(1)(B), 203(b)(1)(C), 
        203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 203(b)(4), 
        203(b)(5) of the Immigration and Nationality Act (as in effect 
        before such date) shall be deemed, on and after October 1, 1996 
        (or, if later, the date of such approval), to be a petition 
        approved to accord status under section 203(b)(1), 
        203(b)(2)(B), 203(b)(2)(C), 203(b)(3), 203(b)(4)(B), 
        203(b)(4)(C), 203(b)(6), or 203(b)(5), respectively, of such 
        Act (as in effect on and after such date). Nothing in this 
        paragraph shall be construed as exempting the beneficiaries of 
        such petitions from the numerical limitations under section 
        203(b) of such Act (as amended by section 513).
          (2) Time limitation.--Paragraph (1) shall not apply more than 
        two years after the date the priority date for issuance of a 
        visa on the basis of such a petition has been reached.
  (c) Admissibility Standards.--When an immigrant, in possession of an 
unexpired immigrant visa issued before October 1, 1996, makes 
application for admission, the immigrant's admissibility under 
paragraph (7)(A) of section 212(a) of the Immigration and Nationality 
Act shall be determined under the provisions of law in effect on the 
date of the issuance of such visa.
  (d) Construction.--Nothing in this title shall be construed as 
affecting the provisions of section 19 of Public Law 97-116, section 
2(c)(1) of Public Law 97-271, or section 202(e) of Public Law 99-603.

SEC. 553. SPECIAL TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND 
                    CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS.

  (a) In General.--(1) In addition to any immigrant visa numbers 
otherwise available, immigrant visa numbers in a number not to exceed 
50,000 (or, if greater, \1/5\ of the number of aliens described in 
paragraph (2)) immigrant visa numbers shall be made available in each 
of fiscal years 1997 through 2001 for aliens who have petitions 
approved for classification under section 203(a)(1) of the Immigration 
and Nationality Act (as amended by this title) for the fiscal year.
  (2) Aliens described in this paragraph are aliens, for whom petitions 
are pending as of the beginning of the fiscal year involved, with 
respect to whom the petitioning alien became an alien admitted for 
lawful permanent residence through the operation of section 210 or 245A 
of the Immigration and Nationality Act.
  (b) Order.--(1) Subject to paragraph (2), visa numbers under this 
section shall be made available in the order in which a petition, in 
behalf of each such immigrant for classification under section 
203(a)(1) of the Immigration and Nationality Act, is filed with the 
Attorney General under section 204 of such Act.
  (2) Visa numbers shall first be made available to aliens for whom the 
petitioning alien did not become an alien lawfully admitted for 
permanent residence thorough the operation of section 210 or 245A of 
the Immigration and Nationality Act.
  (3) The per country numerical limitations of section 202 of such Act 
shall not apply with respect to visa numbers made available under this 
section, and visa numbers made available under this section shall not 
be counted in determining whether there are excess family admissions in 
a fiscal year under section 201(c)(3)(B) of the Immigration and 
Nationality Act (as amended by section 501(b)).
  (c) Report.--The Attorney General shall submit to Congress, by April 
1, 2001, a report on the operation of this section and the extent to 
which this section will, by October 1, 2001, have resulted in visa 
numbers being available to immigrants described in paragraphs (1) and 
(2) of subsection (b) being available on a current basis.

SEC. 554. SPECIAL TREATMENT OF CERTAIN DISADVANTAGED FAMILY FIRST 
                    PREFERENCE IMMIGRANTS.

  (a) Disregard of Per Country Limits for Last Half of Fiscal Year 
1996.--The per country numerical limitations specified in section 
202(a) of the Immigration and Nationality Act shall not apply to 
immigrant numbers made available under section 203(a)(1) of such Act 
(as in effect before the date of the enactment of this Act) on or after 
April 1, 1996, but only to the extent necessary to assure that the 
priority date for aliens classified under such section who are 
nationals of a country is not earlier than the priority date for aliens 
classified under section 203(a)(2)(B) of such Act for aliens who are 
nationals of that country.
  (b) Additional Visa Numbers Potentially Available To Assure Equitable 
Treatment for Unmarried Sons and Daughters of United States Citizens.--
          (1) In general.--In addition to any immigrant visa otherwise 
        available, immigrant visa numbers shall be made available 
        during fiscal year 1997 for disadvantaged family first 
        preference aliens (as defined in paragraph (2)) and for spouses 
        and children of such aliens who would otherwise be eligible to 
        immigrant status under section 203(e) of the Immigration and 
        Nationality Act in relation to such aliens if the aliens 
        remained entitled to immigrant status under section 203(a) of 
        such Act.
          (2) Disadvantaged family first preference alien defined.--In 
        this subsection, the term ``disadvantaged family first 
        preference alien'' means an alien--
                  (A) with respect to whom a petition for 
                classification under section 203(a)(1) of the 
                Immigration and Nationality Act (as in effect on the 
                date of the enactment of this Act) was approved as of 
                September 30, 1996, and
                  (B) whose priority date, as of September 30, 1996, 
                under such classification was earlier than the priority 
                date as of such date for aliens of the same nationality 
                with respect to whom a petition for classification 
                under section 203(a)(2)(B) of such Act (as in effect on 
                such date) had been approved.
          (3) Disregard of per country numerical limitations.--
        Additional visa numbers made available under this subsection 
        shall not be taken into account for purposes of applying any 
        numerical limitation applicable to the country under section 
        202 of such Act, and visa numbers made available under this 
        subsection shall not be counted in determining whether there 
        are excess family admissions in a fiscal year under section 
        201(c)(3)(B) of the Immigration and Nationality Act (as amended 
        by section 501(b) of this Act).

SEC. 555. AUTHORIZATION OF REIMBURSEMENT OF PETITIONERS FOR ELIMINATED 
                    FAMILY-SPONSORED CATEGORIES.

  (a) In General.--Subject to the availability of appropriations, after 
the effective date of this title, the Attorney General shall establish 
a process to provide for the reimbursement to each petitioner of all 
fees paid to the United States, and which were required to be paid 
under the Immigration and Nationality Act, for a petition, which was 
not disapproved as of such date and for which a visa has not been 
issued, for a family-sponsored immigrant category which is eliminated 
by this title or the amendments made by this title. Any such process 
shall provide that such a petitioner shall present any required 
documentation or other proof of such claim, in person, to the 
Immigration and Naturalization Service.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

             TITLE VI--RESTRICTIONS ON BENEFITS FOR ALIENS

SEC. 600. STATEMENTS OF NATIONAL POLICY CONCERNING WELFARE AND 
                    IMMIGRATION.

  The Congress makes the following statements concerning national 
policy with respect to welfare and immigration:
          (1) Self-sufficiency has been a basic principle of United 
        States immigration law since this country's earliest 
        immigration statutes.
          (2) It continues to be the immigration policy of the United 
        States that--
                  (A) aliens within the nation's borders not depend on 
                public resources to meet their needs, but rather rely 
                on their own capabilities and the resources of their 
                families, their sponsors, and private organizations, 
                and
                  (B) the availability of public benefits not 
                constitute an incentive for immigration to the United 
                States.
          (3) Despite the principle of self-sufficiency, aliens have 
        been applying for and receiving public benefits from Federal, 
        State, and local governments at increasing rates.
          (4) Current eligibility rules for public assistance and 
        unenforceable financial support agreements have proved wholly 
        incapable of assuring that individual aliens not burden the 
        public benefits system.
          (5) It is a compelling government interest to enact new rules 
        for eligibility and sponsorship agreements in order to assure 
        that aliens be self-reliant in accordance with national 
        immigration policy.
          (6) It is a compelling government interest to remove the 
        incentive for illegal immigration provided by the availability 
        of public benefits.
          (7) Where States are authorized to follow Federal eligibility 
        rules for public assistance programs, the Congress strongly 
        encourages the States to adopt the Federal eligibility rules.

     Subtitle A--Eligibility of Illegal Aliens for Public Benefits

                   PART 1--PUBLIC BENEFITS GENERALLY

SEC. 601. MAKING ILLEGAL ALIENS INELIGIBLE FOR PUBLIC ASSISTANCE, 
                    CONTRACTS, AND LICENSES.

  (a) Federal Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
          (1) Federal assistance programs.--To receive any benefits 
        under any program of assistance provided or funded, in whole or 
        in part, by the Federal Government for which eligibility (or 
        the amount of assistance) is based on financial need.
          (2) Federal contracts or licenses.--To receive any grant, to 
        enter into any contract or loan agreement, or to be issued (or 
        have renewed) any professional or commercial license, if the 
        grant, contract, loan, or license is provided or funded by any 
        Federal agency.
  (b) State Programs.--Notwithstanding any other provision of law, 
except as provided in section 603, any alien who is not lawfully 
present in the United States shall not be eligible for any of the 
following:
          (1) State assistance programs.--To receive any benefits under 
        any program of assistance (not described in subsection (a)(1)) 
        provided or funded, in whole or in part, by a State or 
        political subdivision of a State for which eligibility (or the 
        amount of assistance) is based on financial need.
          (2) State contracts or licenses.--To receive any grant, to 
        enter into any contract or loan agreement, or to be issued (or 
        have renewed) any professional or commercial license, if the 
        grant, contract, loan, or license is provided or funded by any 
        State agency.
  (c) Requiring Proof of Identity for Federal Contracts, Grants, Loans, 
Licenses, and Public Assistance.--
          (1) In general.--In considering an application for a Federal 
        contract, grant, loan, or license, or for public assistance 
        under a program described in paragraph (2), a Federal agency 
        shall require the applicant to provide proof of identity under 
        paragraph (3) to be considered for such Federal contract, 
        grant, loan, license, or public assistance.
          (2) Public assistance programs covered.--The requirement of 
        proof of identity under paragraph (1) shall apply to the 
        following Federal public assistance programs:
                  (A) SSI.--The supplemental security income program 
                under title XVI of the Social Security Act, including 
                State supplementary benefits programs referred to in 
                such title.
                  (B) AFDC.--The program of aid to families with 
                dependent children under part A or E of title IV of the 
                Social Security Act.
                  (C) Social services block grant.--The program of 
                block grants to States for social services under title 
                XX of the Social Security Act.
                  (D) Medicaid.--The program of medical assistance 
                under title XIX of the Social Security Act.
                  (E) Food stamps.--The program under the Food Stamp 
                Act of 1977.
                  (F) Housing assistance.--Financial assistance as 
                defined in section 214(b) of the Housing and Community 
                Development Act of 1980.
          (3) Documents that show proof of identity.--
                  (A) In general.--Any one of the documents described 
                in subparagraph (B) may be used as proof of identity 
                under this subsection if the document is current and 
                valid. No other document or documents shall be 
                sufficient to prove identity.
                  (B) Documents described.--The documents described in 
                this subparagraph are the following:
                          (i) A United States passport (either current 
                        or expired if issued both within the previous 
                        20 years and after the individual attained 18 
                        years of age).
                          (ii) A resident alien card.
                          (iii) A State driver's license, if presented 
                        with the individual's social security account 
                        number card.
                          (iv) A State identity card, if presented with 
                        the individual's social security account number 
                        card.
  (d) Authorization for States To Require Proof of Eligibility for 
State Programs.--In considering an application for contracts, grants, 
loans, licenses, or public assistance under any State program, a State 
is authorized to require the applicant to provide proof of eligibility 
to be considered for such State contracts, grants, loans, licenses, or 
public assistance.
  (e) Exception for Battered Aliens.--
          (1) Exception.--The limitations on eligibility for benefits 
        under subsection (a) or (b) shall not apply to an alien if--
                  (A)(i) the alien has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                  (ii) the alien's child has been battered or subject 
                to extreme cruelty in the United States by a spouse or 
                parent of the alien (without the active participation 
                of the alien in the battery or extreme cruelty) or by a 
                member of the spouse or parent's family residing in the 
                same household as the alien when the spouse or parent 
                consented or acquiesced to, and the alien did not 
                actively participate in, such battery or cruelty; and
                  (B)(i) the alien has petitioned (or petitions within 
                45 days after the first application for assistance 
                subject to the limitations under subsection (a) or (b)) 
                for--
                          (I) status as a spouse or child of a United 
                        States citizen pursuant to clause (ii), (iii), 
                        or (iv) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act,
                          (II) classification pursuant to clauses (ii) 
                        or (iii) of section 204(a)(1)(B) of such Act, 
                        or
                          (III) cancellation of removal and adjustment 
                        of status pursuant to section 240A(b)(2) of 
                        such Act ; or
                  (ii) the alien is the beneficiary of a petition filed 
                for status as a spouse or child of a United States 
                citizen pursuant to clause (i) of section 204(a)(1)(A) 
                of the Immigration and Nationality Act, or of a 
                petition filed for classification pursuant to clause 
                (i) of section 204(a)(1)(B) of such Act.
          (2) Termination of exception.--The exception under paragraph 
        (1) shall terminate if no complete petition which sets forth a 
        prima facie case is filed pursuant to the requirement of 
        paragraph (1)(B) or (1)(C) or when an petition is denied.

SEC. 602. MAKING UNAUTHORIZED ALIENS INELIGIBLE FOR UNEMPLOYMENT 
                    BENEFITS.

  (a) In General.--Notwithstanding any other provision of law, no 
unemployment benefits shall be payable (in whole or in part) out of 
Federal funds to the extent the benefits are attributable to any 
employment of the alien in the United States for which the alien was 
not granted employment authorization pursuant to Federal law.
  (b) Procedures.--Entities responsible for providing unemployment 
benefits subject to the restrictions of this section shall make such 
inquiries as may be necessary to assure that recipients of such 
benefits are eligible consistent with this section.

SEC. 603. GENERAL EXCEPTIONS.

  Sections 601 and 602 shall not apply to the following:
          (1) Emergency medical services.--The provision of emergency 
        medical services (as defined by the Attorney General in 
        consultation with the Secretary of Health and Human Services).
          (2) Public health immunizations.--Public health assistance 
        for immunizations with respect to immunizable diseases and for 
        testing and treatment for communicable diseases.
          (3) Short-term emergency relief.--The provision of non-cash, 
        in-kind, short-term emergency relief.
          (4) Family violence services.--The provision of any services 
        directly related to assisting the victims of domestic violence 
        or child abuse.
          (5) School lunch act.--Programs carried out under the 
        National School Lunch Act.
          (6) Child nutrition act.--Programs of assistance under the 
        Child Nutrition Act of 1966.

SEC. 604. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES 
                    EXCEPTION.

  (a) In General.--Subject to such amounts as are provided in advance 
in appropriation Acts, each State or local government that provides 
emergency medical services (as defined for purposes of section 603(1)) 
through a public hospital or other public facility (including a 
nonprofit hospital that is eligible for an additional payment 
adjustment under section 1886 of the Social Security Act) or through 
contract with another hospital or facility to an individual who is an 
alien not lawfully present in the United States is entitled to receive 
payment from the Federal Government of its costs of providing such 
services, but only to the extent that such costs are not otherwise 
reimbursed through any other Federal program and cannot be recovered 
from the alien or another person.
  (b) Confirmation of Immigration Status Required.--No payment shall be 
made under this section with respect to services furnished to an 
individual unless the identity and immigration status of the individual 
has been verified with the Immigration and Naturalization Service in 
accordance with procedures established by the Attorney General.
  (c) Administration.--This section shall be administered by the 
Attorney General, in consultation with the Secretary of Health and 
Human Services.
  (d) Effective Date.--Subsection (a) shall not apply to emergency 
medical services furnished before October 1, 1995.

SEC. 605. REPORT ON DISQUALIFICATION OF ILLEGAL ALIENS FROM HOUSING 
                    ASSISTANCE PROGRAMS.

  Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Housing and Urban Development shall submit a report to 
the Committees on the Judiciary of the House of Representatives and of 
the Senate, the Committee on Banking of the House of Representatives, 
and the Committee on Banking, Housing, and Urban Affairs of the Senate, 
describing the manner in which the Secretary is enforcing section 214 
of the Housing and Community Development Act of 1980. The report shall 
contain statistics with respect to the number of aliens denied 
financial assistance under such section.

SEC. 606. VERIFICATION OF STUDENT ELIGIBILITY FOR POSTSECONDARY FEDERAL 
                    STUDENT FINANCIAL ASSISTANCE.

  No student shall be eligible for postsecondary Federal student 
financial assistance unless the student has certified that the student 
is a citizen or national of the United States or an alien lawfully 
admitted for permanent residence and the Secretary of Education has 
verified such certification through an appropriate procedure determined 
by the Attorney General.

SEC. 607. PAYMENT OF PUBLIC ASSISTANCE BENEFITS.

  In carrying out this part, the payment or provision of benefits 
(other than those described in section 603 under a program of 
assistance described in section 601(a)(1)) shall be made only through 
an individual or person who is not ineligible to receive such benefits 
under such program on the basis of immigration status pursuant to the 
requirements and limitations of this part.

SEC. 608. DEFINITIONS.

  For purposes of this part:
          (1) Lawful presence.--The determination of whether an alien 
        is lawfully present in the United States shall be made in 
        accordance with regulations of the Attorney General. An alien 
        shall not be considered to be lawfully present in the United 
        States for purposes of this title merely because the alien may 
        be considered to be permanently residing in the United States 
        under color of law for purposes of any particular program.
          (2) State.--The term ``State'' includes the District of 
        Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern 
        Mariana Islands, and American Samoa.

SEC. 609. REGULATIONS AND EFFECTIVE DATES.

  (a) Regulations.--The Attorney General shall first issue regulations 
to carry out this part (other than section 605) by not later than 60 
days after the date of the enactment of this Act. Such regulations 
shall take effect on an interim basis, pending change after opportunity 
for public comment.
  (b) Effective Date for Restrictions on Eligibility for Public 
Benefits.--(1) Except as provided in this subsection, section 601 shall 
apply to benefits provided, contracts or loan agreements entered into, 
and professional and commercial licenses issued (or renewed) on or 
after such date as the Attorney General specifies in regulations under 
subsection (a). Such date shall be at least 30 days, and not more than 
60 days, after the date the Attorney General first issues such 
regulations.
  (2) The Attorney General, in carrying out section 601(a)(2), may 
permit such section to be waived in the case of individuals for whom an 
application for the grant, contract, loan, or license is pending (or 
approved) as of a date that is on or before the effective date 
specified under paragraph (1).
  (c) Effective Date for Restrictions on Eligibility for Unemployment 
Benefits.--(1) Except as provided in this subsection, section 602 shall 
apply to unemployment benefits provided on or after such date as the 
Attorney General specifies in regulations under subsection (a). Such 
date shall be at least 30 days, and not more than 60 days, after the 
date the Attorney General first issues such regulations.
  (2) The Attorney General, in carrying out section 602, may permit 
such section to be waived in the case of an individual during a 
continuous period of unemployment for whom an application for 
unemployment benefits is pending as of a date that is on or before the 
effective date specified under paragraph (1).
  (d) Broad Dissemination of Information.--Before the effective dates 
specified in subsections (b) and (c), the Attorney General shall 
broadly disseminate information regarding the restrictions on 
eligibility established under this part.

                    PART 2--EARNED INCOME TAX CREDIT

SEC. 611. EARNED INCOME TAX CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED 
                    TO BE EMPLOYED IN THE UNITED STATES.

  (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 
1986 (relating to individuals eligible to claim the earned income tax 
credit) is amended by adding at the end the following new subparagraph:
                  ``(F) Identification number requirement.--The term 
                `eligible individual' does not include any individual 
                who does not include on the return of tax for the 
                taxable year--
                          ``(i) such individual's taxpayer 
                        identification number, and
                          ``(ii) if the individual is married (within 
                        the meaning of section 7703), the taxpayer 
                        identification number of such individual's 
                        spouse.''
  (b) Special Identification Number.--Section 32 of the Internal 
Revenue Code of 1986 (relating to earned income) is amended by adding 
at the end the following new subsection:
  ``(k) Identification Numbers.--For purposes of subsections (c)(1)(F) 
and (c)(3)(D), a taxpayer identification number means a social security 
number issued to an individual by the Social Security Administration 
(other than a social security number issued pursuant to clause (II) (or 
that portion of clause (III) that relates to clause (II)) of section 
205(c)(2)(B)(i) of the Social Security Act).''
  (c) Extension of Procedures Applicable to Mathematical or Clerical 
Errors.--Section 6213(g)(2) of the Internal Revenue Code of 1986 
(relating to the definition of mathematical or clerical errors) is 
amended by striking ``and'' at the end of subparagraph (D), by striking 
the period at the end of subparagraph (E) and inserting ``, and'', and 
by inserting after subparagraph (E) the following new subparagraph:
                  ``(F) an omission of a correct taxpayer 
                identification number required under section 23 
                (relating to credit for families with younger children) 
                or section 32 (relating to the earned income tax 
                credit) to be included on a return.''.
  (d) Effective Date.--The amendments made by this section shall apply 
to taxable years beginning after December 31, 1995.

Subtitle B--Expansion of Disqualification From Immigration Benefits on 
                       the Basis of Public Charge

SEC. 621. GROUND FOR INADMISSIBILITY.

  (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a)) 
is amended to read as follows:
          ``(4) Public charge.--
                  ``(A) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 203(a), who cannot 
                demonstrate to the consular officer at the time of 
                application for a visa, or to the Attorney General at 
                the time of application for admission or adjustment of 
                status, that the alien's age, health, family status, 
                assets, resources, financial status, education, skills, 
                or a combination thereof, or an affidavit of support 
                described in section 213A, or both, make it unlikely 
                that the alien will become a public charge (as 
                determined under section 241(a)(5)(B)) is inadmissible.
                  ``(B) Nonimmigrants.--Any alien who seeks admission 
                under a visa number issued under section 214, who 
                cannot demonstrate to the consular officer at the time 
                of application for the visa that the alien's age, 
                health, family status, assets, resources, financial 
                status, education, skills or a combination thereof, or 
                an affidavit of support described in section 213A, or 
                both, make it unlikely that the alien will become a 
                public charge (as determined under section 
                241(a)(5)(B)) is inadmissible.
                  ``(C) Employment-based immigrants.--
                          ``(i) In general.--Any alien who seeks 
                        admission or adjustment of status under a visa 
                        number issued under paragraph (2) or (3) of 
                        section 203(b) who cannot demonstrate to the 
                        consular officer at the time of application for 
                        a visa, or to the Attorney General at the time 
                        of application for admission or adjustment of 
                        status, that the immigrant has a valid offer of 
                        employment is inadmissible.
                          ``(ii) Certain employment-based immigrants.--
                        Any alien who seeks admission or adjustment of 
                        status under a visa number issued under section 
                        203(b) by virtue of a classification petition 
                        filed by a relative of the alien (or by an 
                        entity in which such relative has a significant 
                        ownership interest) is inadmissible unless such 
                        relative has executed an affidavit of support 
                        described in section 213A with respect to such 
                        alien.''.
  (b) Effective Date.--(1) Subject to paragraph (2), the amendment made 
by subsection (a) shall apply to applications submitted on or after 
such date, not earlier than 30 days and not later than 60 days after 
the date the Attorney General promulgates under section 632(f) a 
standard form for an affidavit of support, as the Attorney General 
shall specify.
  (2) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act, 
as amended by subsection (a), shall apply only to aliens seeking 
admission or adjustment of status under a visa number issued on or 
after October 1, 1996.

SEC. 622. GROUND FOR DEPORTABILITY.

  (a) In General.--Paragraph (5) of subsection (a) of section 241 (8 
U.S.C. 1251(a)), before redesignation as section 237 by section 
305(a)(2), is amended to read as follows:
          ``(5) Public charge.--
                  ``(A) In general.--Any alien who, within 7 years 
                after the date of entry or admission, becomes a public 
                charge is deportable.
                  ``(B) Exceptions.--(i) Subparagraph (A) shall not 
                apply if the alien establishes that the alien has 
                become a public charge from causes that arose after 
                entry or admission. A condition that the alien knew (or 
                had reason to know) existed at the time of entry or 
                admission shall be deemed to be a cause that arose 
                before entry or admission.
                  ``(ii) The Attorney General, in the discretion of the 
                Attorney General, may waive the application of 
                subparagraph (A) in the case of an alien who is 
                admitted as a refugee under section 207 or granted 
                asylum under section 208.
                  ``(C) Individuals treated as public charge.--
                          ``(i) In general.--For purposes of this 
                        title, an alien is deemed to be a `public 
                        charge' if the alien receives benefits (other 
                        than benefits described in subparagraph (E)) 
                        under one or more of the public assistance 
                        programs described in subparagraph (D) for an 
                        aggregate period, except as provided in clauses 
                        (ii) and (iii), of at least 12 months within 7 
                        years after the date of entry. The previous 
                        sentence shall not be construed as excluding 
                        any other bases for considering an alien to be 
                        a public charge, including bases in effect on 
                        the day before the date of the enactment of the 
                        Immigration in the National Interest Act of 
                        1995. The Attorney General, in consultation 
                        with the Secretary of Health and Human 
                        Services, shall establish rules regarding the 
                        counting of health benefits described in 
                        subparagraph (D)(iv) for purposes of this 
                        subparagraph.
                          ``(ii) Determination with respect to battered 
                        women and children.--For purposes of a 
                        determination under clause (i) and except as 
                        provided in clause (iii), the aggregate period 
                        shall be 48 months within 7 years after the 
                        date of entry if the alien can demonstrate that 
                        (I) the alien has been battered or subject to 
                        extreme cruelty in the United States by a 
                        spouse or parent, or by a member of the spouse 
                        or parent's family residing in the same 
                        household as the alien and the spouse or parent 
                        consented or acquiesced to such battery or 
                        cruelty, or (II) the alien's child has been 
                        battered or subject to extreme cruelty in the 
                        United States by a spouse or parent of the 
                        alien (without the active participation of the 
                        alien in the battery or extreme cruelty), or by 
                        a member of the spouse or parent's family 
                        residing in the same household as the alien 
                        when the spouse or parent consented or 
                        acquiesced to and the alien did not actively 
                        participate in such battery or cruelty, and the 
                        need for the public benefits received has a 
                        substantial connection to the battery or 
                        cruelty described in subclause (I) or (II).
                          ``(iii) Special rule for ongoing battery or 
                        cruelty.--For purposes of a determination under 
                        clause (i), the aggregate period may exceed 48 
                        months within 7 years after the date of entry 
                        if the alien can demonstrate that any battery 
                        or cruelty under clause (ii) is ongoing, has 
                        led to the issuance of an order of a judge or 
                        an administrative law judge or a prior 
                        determination of the Service, and that the need 
                        for the benefits received has a substantial 
                        connection to such battery or cruelty.
                  ``(D) Public assistance programs.--For purposes of 
                subparagraph (B), the public assistance programs 
                described in this subparagraph are the following (and 
                include any successor to such a program as identified 
                by the Attorney General in consultation with other 
                appropriate officials):
                          ``(i) SSI.--The supplemental security income 
                        program under title XVI of the Social Security 
                        Act, including State supplementary benefits 
                        programs referred to in such title.
                          ``(ii) AFDC.--The program of aid to families 
                        with dependent children under part A or E of 
                        title IV of the Social Security Act.
                          ``(iii) Medicaid.--The program of medical 
                        assistance under title XIX of the Social 
                        Security Act.
                          ``(iv) Food stamps.--The program under the 
                        Food Stamp Act of 1977.
                          ``(v) State general cash assistance.--A 
                        program of general cash assistance of any State 
                        or political subdivision of a State.
                          ``(vi) Housing assistance.--Financial 
                        assistance as defined in section 214(b) of the 
                        Housing and Community Development Act of 1980.
                  ``(E) Certain assistance excepted.--For purposes of 
                subparagraph (B), an alien shall not be considered to 
                be a public charge on the basis of receipt of any of 
                the following benefits:
                          ``(i) Emergency medical services.--The 
                        provision of emergency medical services (as 
                        defined by the Attorney General in consultation 
                        with the Secretary of Health and Human 
                        Services).
                          ``(ii) Public health immunizations.--Public 
                        health assistance for immunizations with 
                        respect to immunizable diseases and for testing 
                        and treatment for communicable diseases.
                          ``(iii) Short-term emergency relief.--The 
                        provision of non-cash, in-kind, short-term 
                        emergency relief.''.
  (b) Effective Date.--(1) The amendment made by subsection (a) shall 
take effect as of the first day of the first month beginning at least 
30 days after the date of the enactment of this Act.
  (2) In applying section 241(a)(5)(C) of the Immigration and 
Nationality Act (which is subsequently redesignated as section 
237(a)(5)(C) of such Act), as amended by subsection (a), no receipt of 
benefits under a public assistance program before the effective date 
described in paragraph (1) shall be taken into account.

      Subtitle C--Attribution of Income and Affidavits of Support

SEC. 631. ATTRIBUTION OF SPONSOR'S INCOME AND RESOURCES TO FAMILY-
                    SPONSORED IMMIGRANTS.

  (a) Federal Programs.--Notwithstanding any other provision of law, in 
determining the eligibility and the amount of benefits of an alien for 
any Federal means-tested public benefits program (as defined in 
subsection (d)) the income and resources of the alien shall be deemed 
to include--
          (1) the income and resources of any individual who executed 
        an affidavit of support pursuant to section 213A of the 
        Immigration and Nationality Act (as inserted by section 632(a)) 
        in behalf of such alien, and
          (2) the income and resources of the spouse (if any) of the 
        individual.
  (b) Period of Attribution.--
          (1) Parents of united states citizens.--Subsection (a) shall 
        apply with respect to an alien who is admitted to the United 
        States as the parent of a United States citizen under section 
        203(a)(2) of the Immigration and Nationality Act, as amended by 
        section 512(a), until the alien is naturalized as a citizen of 
        the United States.
          (2) Spouses of united states citizens and lawful permanent 
        residents.--Subsection (a) shall apply with respect to an alien 
        who is admitted to the United States as the spouse of a United 
        States citizen or lawful permanent resident under section 
        201(b)(2) of 203(a)(1) of the Immigration and Nationality Act 
        until--
                  (A) 7 years after the date the alien is lawfully 
                admitted to the United States for permanent residence, 
                or
                  (B) the alien is naturalized as a citizen of the 
                United States,
        whichever occurs first.
          (3) Minor children of united states citizens and lawful 
        permanent residents.--Subsection (a) shall apply with respect 
        to an alien who is admitted to the United States as the minor 
        child of a United States citizen or lawful permanent resident 
        under section 201(b)(2) of 203(a)(1) of the Immigration and 
        Nationality Act until the child attains the age of 21 years or, 
        if earlier, the date the child is naturalized as a citizen of 
        the United States.
          (4) Attribution of sponsor's income and resources ended if 
        sponsored alien becomes eligible for old-age benefits under 
        title ii of the social security act.--
                  (A) Notwithstanding any other provision of this 
                section, subsection (a) shall not apply and the period 
                of attribution of a sponsor's income and resources 
                under this subsection shall terminate if the alien is 
                employed for a period sufficient to qualify for old age 
                benefits under title II of the Social Security Act and 
                the alien is able to prove to the satisfaction of the 
                Attorney General that the alien so qualifies.
                  (B) The Attorney General shall ensure that 
                appropriate information pursuant to subparagraph (A) is 
                provided to the System for Alien Verification of 
                Eligibility (SAVE).
          (5) Battered women and children.--Notwithstanding any other 
        provision of this section, subsections (a) and (c) shall not 
        apply and the period of attribution of the income and resources 
        of any individual under paragraphs (1) or (2) of subsection (a) 
        or paragraph (1) shall not apply--
                  (A) for up to 48 months if the alien can demonstrate 
                that (i) the alien has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or (ii) the alien's child has been 
                battered or subject to extreme cruelty in the United 
                States by a spouse or parent of the alien (without the 
                active participation of the alien in the battery or 
                extreme cruelty), or by a member of the spouse or 
                parent's family residing in the same household as the 
                alien when the spouse or parent consented or acquiesced 
                to and the alien did not actively participate in such 
                battery or cruelty, and need for the public benefits 
                applied for has a substantial connection to the battery 
                or cruelty described in clause (i) or (ii); and
                  (B) for more than 48 months if the alien can 
                demonstrate that any battery or cruelty under 
                subparagraph (A) is ongoing, has led to the issuance of 
                an order of a judge or an administrative law judge or a 
                prior determination of the Service, and that need for 
                such benefits has a substantial connection to such 
                battery or cruelty.
  (c) Optional Application to State Programs.--
          (1) Authority.--Notwithstanding any other provision of law, 
        in determining the eligibility and the amount of benefits of an 
        alien for any State means-tested public benefits program, the 
        State or political subdivision that offers the program is 
        authorized to provide that the income and resources of the 
        alien shall be deemed to include--
                  (A) the income and resources of any individual who 
                executed an affidavit of support pursuant to section 
                213A of the Immigration and Nationality Act (as 
                inserted by section 632(a)) in behalf of such alien, 
                and
                  (B) the income and resources of the spouse (if any) 
                of the individual.
          (2) Period of attribution.--The period of attribution of a 
        sponsor's income and resources in determining the eligibility 
        and amount of benefits for an alien under any State means-
        tested public benefits program pursuant to paragraph (1) may 
        not exceed the Federal period of attribution with respect to 
        the alien.
  (d) Means-Tested Program Defined.--In this section:
          (1) The term ``means-tested public benefits program'' means a 
        program of public benefits (including cash, medical, housing, 
        and food assistance and social services) of the Federal 
        Government or of a State or political subdivision of a State in 
        which the eligibility of an individual, household, or family 
        eligibility unit for benefits under the program, or the amount 
        of such benefits, or both are determined on the basis of 
        income, resources, or financial need of the individual, 
        household, or unit.
          (2) The term ``Federal means-tested public benefits program'' 
        means a means-tested public benefits program of (or contributed 
        to by) the Federal Government.
          (3) The term ``State means-tested public benefits program'' 
        means a means-tested public benefits program that is not a 
        Federal means-tested program.

SEC. 632. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

  (a) In General.--Title II is amended by inserting after section 213 
the following new section:
           ``requirements for sponsor's affidavit of support
  ``Sec. 213A. (a) Enforceability.--(1) No affidavit of support may be 
accepted by the Attorney General or by any consular officer to 
establish that an alien is not inadmissible as a public charge under 
section 212(a)(4) unless such affidavit is executed by a sponsor of the 
alien as a contract--
          ``(A) that is legally enforceable against the sponsor by the 
        Federal Government and by any State (or any political 
        subdivision of such State) that provides any means-tested 
        public benefits program, subject to subsection (b)(4); and
          ``(B) in which the sponsor agrees to submit to the 
        jurisdiction of any Federal or State court for the purpose of 
        actions brought under subsection (b)(2).
  ``(2)(A) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the parent of a United 
States citizen under section 203(a)(2) until the alien is naturalized 
as a citizen of the United States.
  ``(B) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the spouse of a United 
States citizen or lawful permanent resident under section 201(b)(2) or 
203(a)(2) until--
          ``(i) 7 years after the date the alien is lawfully admitted 
        to the United States for permanent residence, or
          ``(ii) such time as the alien is naturalized as a citizen of 
        the United States,
whichever occurs first.
  ``(C) An affidavit of support shall be enforceable with respect to 
benefits provided under any means-tested public benefits program for an 
alien who is admitted to the United States as the minor child of a 
United States citizen or lawful permanent resident under section 
201(b)(2) or section 203(a)(2) until the child attains the age of 21 
years.
  ``(D)(i) Notwithstanding any other provision of this subparagraph, a 
sponsor shall be relieved of any liability under an affidavit of 
support if the sponsored alien is employed for a period sufficient to 
qualify for old age benefits under title II of the Social Security Act 
and the sponsor or alien is able to prove to the satisfaction of the 
Attorney General that the alien so qualifies.
  ``(ii) The Attorney General shall ensure that appropriate information 
pursuant to clause (i) is provided to the System for Alien Verification 
of Eligibility (SAVE).
  ``(b) Reimbursement of Government Expenses.--(1)(A) Upon notification 
that a sponsored alien has received any benefit under any means-tested 
public benefits program, the appropriate Federal, State, or local 
official shall request reimbursement by the sponsor in the amount of 
such assistance.
  ``(B) The Attorney General, in consultation with the Secretary of 
Health and Human Services, shall prescribe such regulations as may be 
necessary to carry out subparagraph (A).
  ``(2) If within 45 days after requesting reimbursement, the 
appropriate Federal, State, or local agency has not received a response 
from the sponsor indicating a willingness to commence payments, an 
action may be brought against the sponsor pursuant to the affidavit of 
support.
  ``(3) If the sponsor fails to abide by the repayment terms 
established by such agency, the agency may, within 60 days of such 
failure, bring an action against the sponsor pursuant to the affidavit 
of support.
  ``(4) No cause of action may be brought under this subsection later 
than 10 years after the alien last received any benefit under any 
means-tested public benefits program.
  ``(5) If, pursuant to the terms of this subsection, a Federal, State, 
or local agency requests reimbursement from the sponsor in the amount 
of assistance provided, or brings an action against the sponsor 
pursuant to the affidavit of support, the appropriate agency may 
appoint or hire an individual or other person to act on behalf of such 
agency acting under the authority of law for purposes of collecting any 
moneys owed. Nothing in this subsection shall preclude any appropriate 
Federal, State, or local agency from directly requesting reimbursement 
from a sponsor for the amount of assistance provided, or from bringing 
an action against a sponsor pursuant to an affidavit of support.
  ``(c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies described 
in section 3201, 3203, 3204, or 3205 of title 28, United States Code, 
as well as an order for specific performance and payment of legal fees 
and other costs of collection, and include corresponding remedies 
available under State law. A Federal agency may seek to collect amounts 
owed under this section in accordance with the provisions of subchapter 
II of chapter 37 of title 31, United States Code.
  ``(d) Notification of Change of Address.--(1) The sponsor of an alien 
shall notify the Federal Government and the State in which the 
sponsored alien is currently residing within 30 days of any change of 
address of the sponsor during the period specified in subsection 
(a)(1).
  ``(2) Any person subject to the requirement of paragraph (1) who 
fails to satisfy such requirement shall be subject to a civil penalty 
of--
          ``(A) not less than $250 or more than $2,000, or
          ``(B) if such failure occurs with knowledge that the 
        sponsored alien has received any benefit under any means-tested 
        public benefits program, not less than $2,000 or more than 
        $5,000.
  ``(e) Definitions.--For the purposes of this section--
          ``(1) Sponsor.--The term `sponsor' means, with respect to an 
        alien, an individual who--
                  ``(A) is a citizen or national of the United States 
                or an alien who is lawfully admitted to the United 
                States for permanent residence;
                  ``(B) is 18 years of age or over;
                  ``(C) is domiciled in any State;
                  ``(D) demonstrates, through presentation of a 
                certified copy of a tax return or otherwise, (i) the 
                means to maintain an annual income equal to at least 
                200 percent of the poverty level for the individual and 
                the individual's family (including the alien and any 
                other aliens with respect to whom the individual is a 
                sponsor), or (ii) for an individual who is on active 
                duty (other than active duty for training) in the Armed 
                Forces of the United States, the means to maintain an 
                annual income equal to at least 100 percent of the 
                poverty level for the individual and the individual's 
                family including the alien and any other aliens with 
                respect to whom the individual is a sponsor); and
                  ``(E) is petitioning for the admission of the alien 
                under section 204 (or is an individual who accepts 
                joint and several liability with the petitioner).
          ``(2) Federal poverty line.--The term `Federal poverty line' 
        means the income official poverty line (as defined in section 
        673(2) of the Community Services Block Grant Act) that is 
        applicable to a family of the size involved.
          ``(3) Means-tested public benefits program.--The term `means-
        tested public benefits program' means a program of public 
        benefits (including cash, medical, housing, and food assistance 
        and social services) of the Federal Government or of a State or 
        political subdivision of a State in which the eligibility of an 
        individual, household, or family eligibility unit for benefits 
        under the program, or the amount of such benefits, or both are 
        determined on the basis of income, resources, or financial need 
        of the individual, household, or unit.''.
  (b) Requirement of Affidavit of Support From Employment Sponsors.--
For requirement for affidavit of support from individuals who file 
classification petitions for a relative as an employment-based 
immigrant, see the amendment made by section 621(a).
  (c) Settlement of Claims Prior to Naturalization.--Section 316 (8 
U.S.C. 1427) is amended--
          (1) in subsection (a), by striking ``and'' before ``(3)'', 
        and by inserting before the period at the end the following: 
        ``, and (4) in the case of an applicant that has received 
        assistance under a means-tested public benefits program (as 
        defined in subsection (f)(3) of section 213A) administered by a 
        Federal, State, or local agency and with respect to which 
        amounts may be owing under an affidavit of support executed 
        under such section, provides satisfactory evidence that there 
        are no outstanding amounts that may be owed to any such 
        Federal, State, or local agency pursuant to such affidavit by 
        the sponsor who executed such affidavit, except as provided in 
        subsection (g)''; and
          (2) by adding at the end the following new subsection:
  ``(g) Clause (4) of subsection (a) shall not apply to an applicant 
where the applicant can demonstrate that--
          ``(A) either--
                  ``(i) the applicant has been battered or subject to 
                extreme cruelty in the United States by a spouse or 
                parent or by a member of the spouse or parent's family 
                residing in the same household as the applicant and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty, or
                  ``(ii) the applicant's child has been battered or 
                subject to extreme cruelty in the United States by the 
                applicant's spouse or parent (without the active 
                participation of the applicant in the battery or 
                extreme cruelty), or by a member of the spouse or 
                parent's family residing in the same household as the 
                applicant when the spouse or parent consented or 
                acquiesced to and the applicant did not actively 
                participate in such battery or cruelty;
          ``(B) such battery or cruelty has led to the issuance of an 
        order of a judge or an administrative law judge or a prior 
        determination of the Service; and
          ``(C) the need for the public benefits received as to which 
        amounts are owing had a substantial connection to the battery 
        or cruelty described in subparagraph (A).''.
  (d) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 213 the following:

``Sec. 213A.  Requirements for sponsor's affidavit of support.''.

  (e) Effective Date.--Subsection (a) of section 213A of the 
Immigration and Nationality Act, as inserted by subsection (a) of this 
section, shall apply to affidavits of support executed on or after a 
date specified by the Attorney General, which date shall be not earlier 
than 60 days (and not later than 90 days) after the date the Attorney 
General formulates the form for such affidavits under subsection (f) of 
this section.
  (f) Promulgation of Form.--Not later than 90 days after the date of 
the enactment of this Act, the Attorney General, in consultation with 
the Secretary of State and the Secretary of Health and Human Services, 
shall promulgate a standard form for an affidavit of support consistent 
with the provisions of section 213A of the Immigration and Nationality 
Act.

                 TITLE VII--FACILITATION OF LEGAL ENTRY

SEC. 701. ADDITIONAL LAND BORDER INSPECTORS; INFRASTRUCTURE 
                    IMPROVEMENTS.

  (a) Increased Personnel.--
          (1) In general.--In order to eliminate undue delay in the 
        thorough inspection of persons and vehicles lawfully attempting 
        to enter the United States, the Attorney General and Secretary 
        of the Treasury shall increase, by approximately equal numbers 
        in each of the fiscal years 1996 and 1997, the number of full-
        time land border inspectors assigned to active duty by the 
        Immigration and Naturalization Service and the United States 
        Customs Service to a level adequate to assure full staffing 
        during peak crossing hours of all border crossing lanes now in 
        use, under construction, or construction of which has been 
        authorized by Congress.
          (2) Deployment of personnel.--The Attorney General and the 
        Secretary of the Treasury shall, to the maximum extent 
        practicable, ensure that the personnel hired pursuant to this 
        subsection shall be deployed among the various Immigration and 
        Naturalization Service sectors in proportion to the number of 
        land border crossings measured in each such sector during the 
        preceding fiscal year.
  (b) Improved Infrastructure.--
          (1) In general.--The Attorney General may, from time to time, 
        in consultation with the Secretary of the Treasury, identify 
        those physical improvements to the infrastructure of the 
        international land borders of the United States necessary to 
        expedite the inspection of persons and vehicles attempting to 
        lawfully enter the United States in accordance with existing 
        policies and procedures of the Immigration and Naturalization 
        Service, the United States Customs Service, and the Drug 
        Enforcement Agency.
          (2) Priorities.--Such improvements to the infrastructure of 
        the land border of the United States shall be substantially 
        completed and fully funded in those portions of the United 
        States where the Attorney General, in consultation with the 
        Committees on the Judiciary of the House of Representatives and 
        the Senate, objectively determines the need to be greatest or 
        most immediate before the Attorney General may obligate funds 
        for construction of any improvement otherwise located.

SEC. 702. COMMUTER LANE PILOT PROGRAMS.

  (a) Making Land Border Inspection Fee Permanent.--Section 286(q) (8 
U.S.C. 1356(q)) is amended--
          (1) in paragraph (1), by striking ``a project'' and inserting 
        ``projects'';
          (2) in paragraph (1), by striking ``Such project'' and 
        inserting ``Such projects''; and
          (3) by striking paragraph (5).
  (b) Conforming Amendment.--The Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriation Act, 1994 
(Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth 
proviso under the heading ``Immigration and Naturalization Service, 
Salaries and Expenses''.

SEC. 703. PREINSPECTION AT FOREIGN AIRPORTS.

  (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following new section:
                  ``preinspection at foreign airports
  ``Sec. 235A. (a) Establishment of Preinspection Stations.--(1) 
Subject to paragraph (4), not later than 2 years after the date of the 
enactment of this section, the Attorney General, in consultation with 
the Secretary of State, shall establish and maintain preinspection 
stations in at least 5 of the foreign airports that are among the 10 
foreign airports which the Attorney General identifies as serving as 
last points of departure for the greatest numbers of passengers who 
arrive from abroad by air at ports of entry within the United States. 
Such preinspection stations shall be in addition to any preinspection 
stations established prior to the date of the enactment of this 
section.
  ``(2) Not later than November 1, 1995, and each subsequent November 
1, the Attorney General shall compile data identifying--
          ``(A) the foreign airports which served as last points of 
        departure for aliens who arrived by air at United States ports 
        of entry without valid documentation during the preceding 
        fiscal years,
          ``(B) the number and nationality of such aliens arriving from 
        each such foreign airport, and
          ``(C) the primary routes such aliens followed from their 
        country of origin to the United States.
  ``(3) Subject to paragraph (4), not later than 4 years after the date 
of enactment of this section, the Attorney General, in consultation 
with the Secretary of State, shall establish preinspection stations in 
at least 5 additional foreign airports which the Attorney General, in 
consultation with the Secretary of State, determines based on the data 
compiled under paragraph (2) and such other information as may be 
available would most effectively reduce the number of aliens who arrive 
from abroad by air at points of entry within the United States without 
valid documentation. Such preinspection stations shall be in addition 
to those established prior to or pursuant to paragraph (1).
  ``(4) Prior to the establishment of a preinspection station the 
Attorney General, in consultation with the Secretary of State, shall 
ensure that--
          ``(A) employees of the United States stationed at the 
        preinspection station and their accompanying family members 
        will receive appropriate protection,
          ``(B) such employees and their families will not be subject 
        to unreasonable risks to their welfare and safety, and
          ``(C) the country in which the preinspection station is to be 
        established maintains practices and procedures with respect to 
        asylum seekers and refugees in accordance with the Convention 
        Relating to the Status of Refugees (done at Geneva, July 28, 
        1951), or the Protocol Relating to the Status of Refugees (done 
        at New York, January 31, 1967).
  ``(b) Establishment of Carrier Consultant Program.--The Attorney 
General shall assign additional immigration officers to assist air 
carriers in the detection of fraudulent documents at foreign airports 
which, based on the records maintained pursuant to subsection (a)(2), 
served as a point of departure for a significant number of arrivals at 
United States ports of entry without valid documentation, but where no 
preinspection station exists.''.
  (c) Clerical Amendment.--The table of contents, as amended by section 
308(a)(2), is further amended by inserting after the item relating to 
section 235 the following new item:

``Sec. 235A.  Preinspection at foreign airports.''.

SEC. 704. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
                    DOCUMENTS.

  (a) Use of Funds.--Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
amended--
          (1) in clause (iv), by inserting ``, including training of, 
        and technical assistance to, commercial airline personnel 
        regarding such detection'' after ``United States'', and
          (2) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
  (b) Compliance With Detection Regulations.--Section 212(f) (8 U.S.C. 
1182(f)) is amended by adding at the end the following: ``Whenever the 
Attorney General finds that a commercial airline has failed to comply 
with regulations of the Attorney General relating to requirements of 
airlines for the detection of fraudulent documents used by passengers 
traveling to the United States (including the training of personnel in 
such detection), the Attorney General may suspend the entry of some or 
all aliens transported to the United States by such airline.''.
  (c) Effective Dates.--
          (1) The amendments made by subsection (a) shall apply to 
        expenses incurred during or after fiscal year 1996.
          (2) The Attorney General shall first issue, in proposed form, 
        regulations referred to in the second sentence of section 
        212(f) of the Immigration and Nationality Act, as added by the 
        amendment made by subsection (b), by not later than 90 days 
        after the date of the enactment of this Act.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     Subtitle A--Amendments to the Immigration and Nationality Act

SEC. 801. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF MEMBERS OF 
                    THE ARMED SERVICES.

  Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
          (1) by striking ``or'' at the end of subparagraph (R),
          (2) by striking the period at the end of subparagraph (S) and 
        inserting ``; or'', and
          (3) by inserting after subparagraph (S) the following new 
        subparagraph:
          ``(T) an alien who is the spouse or child of a another alien 
        who is serving on active duty in the Armed Forces of the United 
        States during the period in which the other alien is stationed 
        in the United States.''.

SEC. 802. AMENDED DEFINITION OF AGGRAVATED FELONY.

  (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 222 of the Immigration and Nationality Technical 
Corrections Act of 1994 (Public Law 103-416), is amended--
          (1) in subparagraph (N), by striking ``of title 18, United 
        States Code'' and inserting ``of this Act'', and
          (2) in subparagraph (O), by striking ``which constitutes'' 
        and all that follows up to the semicolon at the end and 
        inserting ``, for the purpose of commercial advantage''.
  (b) Effective Date of Conviction.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)), as amended by section 222(a) of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416), is 
amended by adding at the end the following sentence: ``Notwithstanding 
any other provision of law, the term applies for all purposes to 
convictions entered before, on, or after the date of enactment of the 
Immigration and Nationality Technical Corrections Act of 1994.''.
  (c) Effective Date.--The amendments made by this section shall be 
effective as if included in the enactment of the Immigration and 
Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 803. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

  (a) In General.--Section 202(a) (8 U.S.C. 1152(a)), as amended by 
section 524(d), is amended--
          (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (6)'', and
          (2) by adding at the end the following new paragraph:
          ``(6) Construction.--Nothing in paragraph (1) shall be 
        construed to limit the authority of the Secretary of State to 
        determine the procedures for the processing of immigrant visa 
        applications or the locations where such applications will be 
        processed.''.
  (b) Elimination of Consulate Shopping for Visa Overstays.--Section 
222 (8 U.S.C. 1202) is amended by adding at the end the following new 
subsection:
  ``(g) In the case of an alien who has entered and remained in the 
United States beyond the authorized period of stay, the alien is not 
eligible to be admitted to the United States as a nonimmigrant on the 
basis of a visa issued other than in a consular office located in the 
country of the alien's nationality (or, if there is no office in such 
country, at such other consular office as the Secretary of State shall 
specify).''.
  (c) Effective Date.--The amendments made by this section shall apply 
to visas issued before, on, or after the date of the enactment of this 
Act.

SEC. 804. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
                    FOR VISAS.

  Section 212(b) (8 U.S.C. 1182(b)) is amended--
          (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B);
          (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
          (3) by inserting at the end the following paragraph:
  ``(2) With respect to applications for visas, the Secretary of State 
may waive the application of paragraph (1) in the case of a particular 
alien or any class or classes of aliens inadmissible under subsection 
(a)(2) or (a)(3).''.

SEC. 805. TREATMENT OF CANADIAN LANDED IMMIGRANTS.

  Section 212(d)(4)(B) (8 U.S.C. 1182(d)(4)(B)) is amended--
          (1) by striking ``and residents'' and inserting ``, 
        residents'', and
          (2) by striking ``nationals,'' and inserting ``nationals, and 
        aliens who are granted permanent residence by the government of 
        the foreign contiguous territory and who are residing in that 
        territory''.

SEC. 806. CHANGES RELATING TO H-1B NONIMMIGRANTS.

  (a) Provisions Relating to Wage Determinations.--Section 212(n) (8 
U.S.C. 1182(n)) is amended by adding at the end the following new 
paragraphs:
  ``(3) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), an employer shall not be required to have and 
document an objective system to determine the wages of workers.
  ``(4) For purposes of determining the actual wage level paid under 
paragraph (1)(A)(i)(I), a non-H-1B-dependent employer of more than 
1,000 full-time equivalent employees in the United States may 
demonstrate that in determining the wages of H-1B nonimmigrants, it 
utilizes a compensation and benefits system that has been previously 
certified by the Secretary of Labor (and recertified at such intervals 
the Secretary of Labor may designate) to satisfy all of the following 
conditions:
          ``(A) The employer has a company-wide compensation policy for 
        its full-time equivalent employees which ensures salary equity 
        among employees similarly employed.
          ``(B) The employer has a company-wide benefits policy under 
        which all full-time equivalent employees similarly employed are 
        eligible for substantially the same benefits or under which 
        some employees may accept higher pay, at least equal in value 
        to the benefits, in lieu of benefits.
          ``(C) The compensation and benefits policy is communicated to 
        all employees.
          ``(D) The employer has a human resources or compensation 
        function that administers its compensation system.
          ``(E) The employer has established documentation for the job 
        categories in question.
An employer's payment of wages consistent with a system which meets the 
conditions of subparagraphs (A) through (E) of this paragraph which has 
been certified by the Secretary of Labor pursuant to this paragraph 
shall be deemed to satisfy the requirements of paragraph (1)(A)(i)(I).
  ``(5) For purposes of determining the prevailing wage level paid 
under paragraph (1)(A)(i)(II), employers may provide a published 
survey, a State Employment Security Agency determination, a 
determination by an accepted private source, or any other legitimate 
source. The Secretary of Labor shall, not later than 180 days from the 
date of enactment of this paragraph, provide for acceptance of 
prevailing wage determinations not made by a State Employment Security 
Agency. The Secretary of Labor or the Secretary's designate must either 
accept such a non-State Employment Security Agency wage determination 
or issue a written decision rejecting the determination and detailing 
the legitimate reasons that the determination is not acceptable. If a 
detailed rejection is not issued within 45 days of the date of the 
Secretary's receipt of such determination, the determination will be 
deemed accepted. An employer's payment of wages consistent with a 
prevailing wage determination not rejected by the Secretary of Labor 
under this paragraph shall be deemed to satisfy the requirements of 
paragraph (1)(A)(i)(II).''.
  (b) Inapplicability of Certain Regulations to Non-H-1B-Dependent 
Employers.--
          (1) Definition of h-1b-dependent employer.--Section 212(n)(2) 
        (8 U.S.C. 1182(n)(2)) is amended by inserting after 
        subparagraph (D) the following new subparagraphs:
  ``(E) In this subsection, the term `H-1B-dependent employer' means an 
employer that--
          ``(i)(I) has fewer than 21 full-time equivalent employees who 
        are employed in the United States, and (II) employs 4 or more 
        H-1B nonimmigrants; or
          ``(ii)(I) has at least 21 but not more than 150 full-time 
        equivalent employees who are employed in the United States, and 
        (II) employs H-1B nonimmigrants in a number that is equal to at 
        least 20 percent of the number of such full-time equivalent 
        employees; or
          ``(iii)(I) has at least 151 full-time equivalent employees 
        who are employed in the United States, and (II) employs H-1B 
        nonimmigrants in a number that is equal to at least 15 percent 
        of the number of such full-time equivalent employees.
In applying this subparagraph, any group treated as a single employer 
under subsection (b), (c), (m), or (o) of section 414 of the Internal 
Revenue Code of 1986 shall be treated as a single employer. Aliens 
employed under a petition for H-1B nonimmigrants shall be treated as 
employees, and counted as nonimmigrants under section 
101(a)(15)(H)(i)(b) under this subparagraph. In this subsection, the 
term `non-H-1B-dependent employer' means an employer that is not an H-
1B-dependent employer.
  ``(F)(i) An employer who is an H-1B-dependent employer as defined in 
subparagraph (E) can nevertheless be treated as a non-H-1B-dependent 
employer for five years on a probationary status if--
          ``(I) the employer has demonstrated to the satisfaction of 
        the Secretary of Labor that it has developed a reasonable plan 
        for reducing its use of H-1B nonimmigrants over a five-year 
        period to the level of a non-H-1B-dependent employer, and
          ``(II) annual reviews of that plan by the Secretary of Labor 
        indicate successful implementation of that plan.
If the employer has not met the requirements established in this 
clause, the probationary status ends and the employer shall be treated 
as an H-1B-dependent employer until such time as the employer can prove 
to the Secretary of Labor that it no longer is an H-1B-dependent 
employer as defined in subparagraph (E).
  ``(ii) The probationary program set out in clause (i) shall be 
effective for no longer than five years after the date of the enactment 
of this subparagraph.''.
          (2) Limiting application of certain requirements for non-h-
        1b-dependent employers.--Section 212(n) (8 U.S.C. 1182(n)), as 
        amended by subsection (a), is further amended by adding at the 
        end the following new paragraph:
  ``(6) In carrying out this subsection in the case of an employer that 
is a non-H-1B-dependent employer--
          ``(A) the employer is not required to post a notice at a 
        worksite that was not listed on the application under paragraph 
        (1) if the worksite is within the area of intended employment 
        listed on such application for such nonimmigrant; and
          ``(B) if the employer has filed and had certified an 
        application under paragraph (1) with respect to one or more H-
        1B nonimmigrants for one or more areas of employment--
                  ``(i) the employer is not required to file and have 
                certified an additional application under paragraph (1) 
                with respect to such a nonimmigrant for an area of 
                employment not listed in the previous application 
                because the employer has placed one or more such 
                nonimmigrants in such a nonlisted area so long as 
                either (I) each such nonimmigrant is not placed in such 
                nonlisted areas for a period exceeding 45 workdays in 
                any 12-month period and not to exceed 90 workdays in 
                any 36-month period, or (II) each such nonimmigrant's 
                principal place of employment has not changed to a 
                nonlisted area, and
                  ``(ii) the employer is not required to pay per diem 
                and transportation costs at any specified rates for 
                work performed in such a nonlisted area.''.
          (3) Limitation on authority to initiate complaints and 
        conduct investigations for non-h-1b-dependent employers.--
        Section 212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended--
                  (A) in the second sentence, by inserting before the 
                period at the end the following: ``, except that the 
                Secretary may only file such a complaint in the case of 
                an H-1B-dependent employer (as defined in subparagraph 
                (E)) or when conducting an annual review of a plan 
                pursuant to subparagraph (F)(i) if there appears to be 
                a violation of an attestation or a misrepresentation of 
                a material fact in an application'', and
                  (B) by inserting after the second sentence the 
                following new sentence: ``No investigation or hearing 
                shall be conducted with respect to a non-H-1B-dependent 
                employer except in response to a complaint filed under 
                the previous sentence.''.
  (c) No Displacement of American Workers Permitted.--(1) Section 
212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (D) the following new subparagraph:
          ``(E)(i) If the employer, within the period beginning 6 
        months before and ending 90 days following the date of filing 
        of the application or during the 90 days immediately preceding 
        and following the date of filing of any visa petition supported 
        by the application, has laid off or lays off any protected 
        individual with substantially equivalent qualifications and 
        experience in the specific employment as to which the 
        nonimmigrant is sought or is employed, the employer will pay a 
        wage to the nonimmigrant that is at least 110 percent of the 
        arithmetic mean of the last wage earned by all such laid off 
        individuals (or, if greater, at least 110 percent of the 
        arithmetic mean of the highest wage earned by all such laid off 
        individuals within the most recent year if the employer reduced 
        the wage of any such laid off individual during such year other 
        than in accordance with a general company-wide reduction of 
        wages for substantially all employees).
          ``(ii) Except as provided in clause (iii), in the case of an 
        H-1B-dependent employer which employs an H-1B nonimmigrant, the 
        employer shall not place the nonimmigrant with another employer 
        where--
                  ``(I) the nonimmigrant performs his or her duties in 
                whole or in part at one or more worksites owned, 
                operated, or controlled by such other employer, and
                  ``(II) there are indicia of an employment 
                relationship between the nonimmigrant and such other 
                employer.
          ``(iii) Clause (ii) shall not apply to an employer's 
        placement of an H-1B nonimmigrant with another employer if--
                  ``(I) the other employer has executed an attestation 
                that it, within the period beginning 6 months before 
                and ending 90 days following the date of filing of the 
                application or during the 90 days immediately preceding 
                and following the date of filing of any visa petition 
                supported by the application, has not laid off and will 
                not lay off any protected individual with substantially 
                equivalent qualifications and experience in the 
                specific employment as to which the H-1B nonimmigrant 
                is being sought or is employed, or
                  ``(II) the employer pays a wage to the nonimmigrant 
                that is at least 110 percent of the arithmetic mean of 
                the last wage earned by all such laid off individuals 
                (or, if greater, at least 110 percent of the arithmetic 
                mean of the highest wage earned by all such laid off 
                individuals within the most recent year if the other 
                employer reduced the wage of any such laid off 
                individual during such year other than in accordance 
                with a general company-wide reduction of wages for 
                substantially all employees).
          ``(iv) For purposes of this subparagraph, the term `laid 
        off', with respect to an individual--
                  ``(I) refers to the individual's loss of employment, 
                other than a discharge for inadequate performance, 
                cause, voluntary departure, or retirement, and
                  ``(II) does not include any situation in which the 
                individual involved is offered, as an alternative to 
                such loss of employment, a similar job opportunity with 
                the same employer (or with the H-1B-dependent employer 
                described in clause (ii)) carrying equivalent or higher 
                compensation and benefits as the position from which 
                the employee was laid off, regardless of whether or not 
                the employee accepts the offer.
          ``(v) For purposes of this subparagraph, the term `protected 
        individual' means an individual who--
                  ``(I) is a citizen or national of the United States, 
                or
                  ``(II) is an alien who is lawfully admitted for 
                permanent residence, is granted the status of an alien 
                lawfully admitted for temporary residence under section 
                210(a), 210A(a), or 245(a)(1), is admitted as a refugee 
                under section 207, or is granted asylum under section 
                208.''.
  (2) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection 
(b)(1), is amended by adding at the end the following new subparagraph:
  ``(G) Under regulations of the Secretary, the previous provisions of 
this paragraph shall apply to complaints respecting a failure of an 
other employer to comply with an attestation described in paragraph 
(1)(E)(iii)(I) in the same manner that they apply to complaints with 
respect to a failure to comply with a condition described in paragraph 
(1)(E)(i).''.
  (3) Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended by 
inserting ``or (1)(E)'' after ``(1)(B)''.
  (d) Increased Penalties.--Section 212(n)(2) is amended--
          (1) in subparagraph (C)(i), by striking ``$1,000'' and 
        inserting ``$5,000'';
          (2) by amending subparagraph (C)(ii) to read as follows:
          ``(ii) the Attorney General shall not approve petitions filed 
        with respect to that employer (or any employer who is a 
        successor in interest) under section 204 or 214(c) for aliens 
        to be employed by the employer--
                  ``(I) during a period of at least 1 year in the case 
                of the first determination of a violation or any 
                subsequent determination of a violation occurring 
                within 1 year of that first violation or any subsequent 
                determination of a nonwillful violation occurring more 
                than 1 year after the first violation;
                  ``(II) during a period of at least 5 years in the 
                case of a determination of a willful violation 
                occurring more than 1 year after the first violation; 
                and
                  ``(III) at any time in the case of a determination of 
                a willful violation occurring more than 5 years after a 
                violation described in subclause (II).''; and
          (3) in subparagraph (D), by adding at the end the following: 
        ``If a penalty under subparagraph (C) has been imposed in the 
        case of a willful violation, the Secretary shall impose on the 
        employer a civil monetary penalty in an amount equalling twice 
        the amount of backpay.''.
  (e) Computation of Prevailing Wage Level.--Section 212(n) (8 U.S.C. 
1182(n)), as amended by subsections (a) and (b)(2), is further amended 
by adding at the end the following new paragraph:
  ``(7) In computing the prevailing wage level for an occupational 
classification in an area of employment for purposes of paragraph 
(1)(A)(i)(II) and subsection (a)(5)(A) in the case of an employee of 
(A) an institution of higher education (as defined in section 1201(a) 
of the Higher Education Act of 1965), or a related or affiliated 
nonprofit entity, or (B) a nonprofit scientific research organization, 
the prevailing wage level shall only take into account employees at 
such institutions and entities in the area of employment.''.
  (f) Conforming Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is 
further amended--
          (1) in the matter in paragraph (1) before subparagraph (A), 
        by inserting ``(in this subsection referred to as an `H-1B 
        nonimmigrant')'' after ``101(a)(15)(H)(i)(b)''; and
          (2) in paragraph (1)(A), by striking ``nonimmigrant described 
        in section 101(a)(15)(H)(i)(b)'' and inserting ``H-1B 
        nonimmigrant''.
  (g) Effective Dates.--
          (1) Except as otherwise provided in this subsection, the 
        amendments made by this section shall take effect on the date 
        of the enactment of this Act and shall apply to applications 
        filed with the Secretary of Labor on or after 30 days after the 
        date of the enactment of this Act.
          (2) The amendments made by subsection (b)(3) shall apply to 
        complaints filed, and to investigations or hearings initiated, 
        on or after January 19, 1995.

SEC. 807. VALIDITY OF PERIOD OF VISAS.

  (a) Extension of Validity of Immigrant Visas to 6 Months.--Section 
221(c) (8 U.S.C. 1201(c)) is amended by striking ``four months'' and 
inserting ``six months''.
  (b) Authorizing Application of Reciprocity Rule for Nonimmigrant Visa 
in Case of Refugees and Permanent Residents.--Such section is further 
amended by inserting before the period at the end of the third sentence 
the following: ``; except that in the case of aliens who are nationals 
of a foreign country and who either are granted refugee status and 
firmly resettled in another foreign country or are granted permanent 
residence and residing in another foreign country, the Secretary of 
State may prescribe the period of validity of such a visa based upon 
the treatment granted by that other foreign country to alien refugees 
and permanent residents, respectively, in the United States''.

SEC. 808. LIMITATION ON ADJUSTMENT OF STATUS OF INDIVIDUALS NOT 
                    LAWFULLY PRESENT IN THE UNITED STATES.

  (a) In General.--Section 245(i)(1) (8 U.S.C. 1255), as added by 
section 506(b) of the Department of State and Related Agencies 
Appropriations Act, 1995 (Public Law 103-317, 108 Stat. 1765), is 
amended by striking all that follows ``equalling'' through 
``application,'' and inserting ``$2,500''.
  (b) Elimination of Limitation.--Section 212 (8 U.S.C. 1182) is 
amended by striking subsection (o).
  (c) Effective Date.--The amendments made by this section shall apply 
to applications for adjustment of status filed after September 30, 
1996.

SEC. 809. LIMITED ACCESS TO CERTAIN CONFIDENTIAL INS FILES.

  (a) Legalization Program.--Section 245A(c)(5) (8 U.S.C. 1255a(c)(5)) 
is amended--
          (1) by redesignating subparagraphs (A) through (C) as clauses 
        (i) through (iii), respectively;
          (2) by striking ``Neither'' and inserting ``(A) Except as 
        provided in this paragraph, neither'';
          (3) by redesignating the last sentence as subparagraph (D);
          (4) by striking the semicolon and inserting a period;
          (5) by striking ``except that the'' and inserting the 
        following:
          ``(B) The'';
          (6) by inserting after subparagraph (B), as created by the 
        amendment made by paragraph (5), the following:
          ``(C) The Attorney General may authorize an application to a 
        Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing disclosure of 
        information contained in the application of the alien under 
        this section to be used--
                  ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated; or
                  ``(ii) for criminal law enforcement purposes against 
                the alien whose application is to be disclosed if the 
                alleged criminal activity occurred after the 
                legalization application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant.''; and
          (7) by adding at the end the following new subparagraph:
          ``(E) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                  ``(i) The immigration status of the applicant on any 
                given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work) but only for purposes of a determination of 
                whether the applicant is eligible for relief from 
                deportation or removal and not otherwise.
                  ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                  ``(iii) Information concerning whether the applicant 
                has been convicted of a crime occurring after the date 
                of filing the application.
                  ``(iv) The date or disposition of the application.''.
  (b) Special Agricultural Worker Program.--Section 210(b) of such Act 
(8 U.S.C. 1160(b)) is amended--
          (1) in paragraph (5), by inserting ``, except as permitted 
        under paragraph (6)(B)'' after ``consent of the alien''; and
          (2) in paragraph (6)--
                  (A) in subparagraph (A), by striking the period at 
                the end and inserting a comma,
                  (B) by redesignating subparagraphs (A) through (C) as 
                clauses (i) through (iii), respectively,
                  (C) by striking ``Neither'' and inserting ``(A) 
                Except as provided in subparagraph (B), neither'',
                  (D) by striking ``Anyone'' and inserting the 
                following:
          ``(C) Anyone'',
                  (E) by inserting after the first sentence the 
                following:
          ``(B) The Attorney General may authorize an application to a 
        Federal court of competent jurisdiction for, and a judge of 
        such court may grant, an order authorizing disclosure of 
        information contained in the application of the alien to be 
        used--
                  ``(i) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated, or
                  ``(ii) for criminal law enforcement purposes against 
                the alien whose application is to be disclosed if the 
                alleged criminal activity occurred after the special 
                agricultural worker application was filed and such 
                activity involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant.'', and
                  (F) by adding at the end the following new 
                subparagraph:
          ``(D) Nothing in this paragraph shall preclude the release 
        for immigration enforcement purposes of the following 
        information contained in files or records of the Service 
        pertaining to the application:
                  ``(i) The immigration status of the applicant on any 
                given date after the date of filing the application 
                (including whether the applicant was authorized to 
                work).
                  ``(ii) The date of the applicant's adjustment (if 
                any) to the status of an alien lawfully admitted for 
                permanent residence.
                  ``(iii) Information concerning whether the applicant 
                has been convicted of a crime occurring after the date 
                of filing the application.
                  ``(iv) The date or disposition of the application.''.

SEC. 810. CHANGE OF NONIMMIGRANT CLASSIFICATION.

  Section 248 (8 U.S.C. 1258) is amended by inserting at the end the 
following:
``Any alien whose status is changed under this section may apply to the 
Secretary of State for a visa without having to leave the United States 
and apply at the visa office.''.

                      Subtitle B--Other Provisions

SEC. 831. COMMISSION REPORT ON FRAUD ASSOCIATED WITH BIRTH 
                    CERTIFICATES.

  Section 141 of the Immigration Act of 1990 is amended--
          (1) in subsection (b)--
                  (A) by striking ``and'' at the end of paragraph (1),
                  (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and'', and
                  (C) by adding at the end the following new paragraph:
          ``(3) transmit to Congress, not later than January 1, 1997, a 
        report containing recommendations (consistent with subsection 
        (c)(3)) of methods of reducing or eliminating the fraudulent 
        use of birth certificates for the purpose of obtaining other 
        identity documents that may be used in securing immigration, 
        employment, or other benefits.''; and
          (2) by adding at the end of subsection (c), the following new 
        paragraph:
          ``(3) For report on reducing birth certificate fraud.--In the 
        report described in subsection (b)(3), the Commission shall 
        consider and analyze the feasibility of--
                  ``(A) establishing national standards for 
                counterfeit-resistant birth certificates, and
                  ``(B) limiting the issuance of official copies of a 
                birth certificate of an individual to anyone other than 
                the individual or others acting on behalf of the 
                individual.''.

SEC. 832. UNIFORM VITAL STATISTICS.

  (a) Pilot Program.--The Secretary of Health and Human Services shall 
consult with the State agency responsible for registration and 
certification of births and deaths and, within 2 years of the date of 
enactment of this Act, shall establish a pilot program for 3 of the 5 
States with the largest number of undocumented aliens of an electronic 
network linking the vital statistics records of such States. The 
network shall provide, where practical, for the matching of deaths with 
births and shall enable the confirmation of births and deaths of 
citizens of such States, or of aliens within such States, by any 
Federal or State agency or official in the performance of official 
duties. The Secretary and participating State agencies shall institute 
measures to achieve uniform and accurate reporting of vital statistics 
into the pilot program network, to protect the integrity of the 
registration and certification process, and to prevent fraud against 
the Government and other persons through the use of false birth or 
death certificates.
  (b) Report.--Not later than 180 days after the establishment of the 
pilot program under subsection (a), the Secretary shall issue a written 
report to Congress with recommendations on how the pilot program could 
effectively be instituted as a national network for the United States.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1996 and for subsequent fiscal years such 
sums as may be necessary to carry out this section.

SEC. 833. COMMUNICATION BETWEEN STATE AND LOCAL GOVERNMENT AGENCIES, 
                    AND THE IMMIGRATION AND NATURALIZATION SERVICE.

  Notwithstanding any other provision of Federal, State, or local law, 
no State or local government entity shall prohibit, or in any way 
restrict, any government entity or any official within its jurisdiction 
from sending to or receiving from the Immigration and Naturalization 
Service information regarding the immigration status, lawful or 
unlawful, of an alien in the United States. Notwithstanding any other 
provision of Federal, State, or local law (and excepting the attorney-
client privilege), no State or local government entity may be 
prohibited, or in any way restricted, from sending to or receiving from 
the Immigration and Naturalization Service information regarding the 
immigration status, lawful or unlawful, of an alien in the United 
States.

SEC. 834. CRIMINAL ALIEN REIMBURSEMENT COSTS.

  Amounts appropriated to carry out section 501 of the Immigration and 
Reform Act of 1986 for fiscal year 1995 shall be available to carry out 
section 242(j) of the Immigration and Nationality Act in that fiscal 
year with respect to undocumented criminal aliens incarcerated under 
the authority of political subdivisions of a State.

SEC. 835. FEMALE GENITAL MUTILATION.

  (a) Information Regarding Female Genital Mutilation.--The Immigration 
and Naturalization Service (in cooperation with the Department of 
State) shall make available for all aliens who are issued immigrant or 
nonimmigrant visas, prior to or at the time of entry into the United 
States, the following information:
          (1) Information on the severe harm to physical and 
        psychological health caused by female genital mutilation which 
        is compiled and presented in a manner which is limited to the 
        practice itself and respectful to the cultural values of the 
        societies in which such practice takes place.
          (2) Information concerning potential legal consequences in 
        the United States for (A) performing female genital mutilation, 
        or (B) allowing a child under his or her care to be subjected 
        to female genital mutilation, under criminal or child 
        protection statutes or as a form of child abuse.
  (b) Limitation.--In consultation with the Secretary of State, the 
Commissioner of Immigration and Naturalization shall identify those 
countries in which female genital mutilation is commonly practiced and, 
to the extent practicable, limit the provision of information under 
subsection (a) to aliens from such countries.
  (c) Definition.--For purposes of this section, the term ``female 
genital mutilation'' means the removal or infibulation (or both) of the 
whole or part of the clitoris, the labia minora, or labia majora.

SEC. 836. DESIGNATION OF PORTUGAL AS A VISA WAIVER PILOT PROGRAM 
                    COUNTRY WITH PROBATIONARY STATUS.

  Notwithstanding any other provision of law, Portugal is designated as 
a visa waiver pilot program country with probationary status under 
section 217(g) of the Immigration and Nationality Act for each of the 
fiscal years 1996, 1997, and 1998.

                   Subtitle C--Technical Corrections

SEC. 851. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) Amendments Relating to Public Law 103-322 (Violent Crime Control 
and Law Enforcement Act of 1994).--
          (1) Section 60024(1)(F) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
          (2) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
          (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), added by 
        section 220(b) of the Immigration and Nationality Technical 
        Amendments Act of 1994 (Public Law 103-416, 108 Stat. 4319), as 
        subsections (k) and (l), respectively.
          (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
        amended by striking ``214(j)'' and inserting ``214(k)''.
          (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
          (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(a)(2), is amended by 
        striking ``245(i)'' and inserting ``245(j)''.
          (5) Section 245(j)(3), as added by section 130003(c)(1) of 
        VCCLEA and as redesignated by paragraph (4)(A), is amended by 
        striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
        (1) or (2)''.
          (6) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
          (7) The amendments made by this subsection shall be effective 
        as if included in the enactment of the VCCLEA.
  (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
          (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                  (A) by striking ``Application'' and all that follows 
                through ``This'' and inserting ``Applicability of 
                Transmission Requirements.--This'';
                  (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                  (C) by striking ``as in effect'' and all that follows 
                through the end and inserting ``to any person whose 
                claim is based on the amendment made by subsection (a) 
                or through whom such a claim is derived.''.
          (2) Section 102 of INTCA is amended by adding at the end the 
        following new subsection:
  ``(e) Transition.--In applying the amendment made by subsection (a) 
to children born before November 14, 1986, any reference in the matter 
inserted by such amendment to `five years, at least two of which' is 
deemed a reference to `10 years, at least 5 of which'.''.
          (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by section 
        105(a)(2)(A) of INTCA, is amended by striking the comma after 
        ``nationality''.
          (4) Section 207(2) of INTCA is amended by inserting a comma 
        after ``specified''.
          (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
                  (A) in subparagraph (K)(ii), by striking the comma 
                after ``1588'', and
                  (B) in subparagraph (O), by striking ``suspicion'' 
                and inserting ``suspension''.
          (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by section 
        209(a) of INTCA, is amended by striking ``remain'' and 
        inserting ``remains''.
          (7) Section 209(a)(1) of INTCA is amended by striking 
        ``$3000'' and inserting ``$3,000''.
          (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
          (9) Section 217(f) (8 U.S.C. 1187(f)), as amended by section 
        210 of INTCA, is amended by adding a period at the end.
          (10) Section 219(cc) of INTCA is amended by striking `` `year 
        1993 the first place it appears' '' and inserting `` `year 
        1993' the first place it appears''.
          (11) Section 219(ee) of INTCA is amended by adding at the end 
        the following new paragraph:
  ``(3) The amendments made by this subsection shall take effect on the 
date of the enactment of this Act.''.
          (12) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
        1356(r)) are amended by inserting ``the'' before ``Fund'' each 
        place it appears.
          (13) Section 221 of INTCA is amended--
                  (A) by striking each semicolon and inserting a comma,
                  (B) by striking ``disasters.'' and inserting 
                ``disasters,'', and
                  (C) by striking ``The official'' and inserting ``the 
                official''.
          (14) Section 242A (8 U.S.C. 1252a), as added by section 
        224(a) of INTCA and before redesignation as section 238 by 
        section 308(b)(5), is amended by redesignating subsection (d) 
        as subsection (c).
          (15) Section 225 of INTCA is amended--
                  (A) by striking ``section 242(i)'' and inserting 
                ``sections 242(i) and 242A'', and
                  (B) by inserting ``, 1252a'' after ``1252(i)''.
          (16) Except as otherwise provided in this subsection, the 
        amendments made by this subsection shall take effect as if 
        included in the enactment of INTCA.
  (c) Striking References to Section 210A.--
          (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) and 
        section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) are each 
        amended by striking ``, 210A,''.
          (B) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(a)(2), is amended by striking 
        subparagraph (F).
          (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
  (d) Miscellaneous Changes in the Immigration and Nationality Act.--
          (1) Before being amended by section 308(a), the item in the 
        table of contents relating to section 242A is amended to read 
        as follows:

``Sec. 242A. Expedited deportation of aliens convicted of committing 
aggravated felonies.''.

          (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
        striking ``, 321, and 322'' and inserting ``and 321''.
          (3) Pursuant to section 6(b) of Public Law 103-272 (108 Stat. 
        1378)--
                  (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is 
                amended by striking ``section 101(3) of the Federal 
                Aviation Act of 1958'' and inserting ``section 
                40102(a)(2) of title 49, United States Code''; and
                  (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is 
                amended by striking ``section 105 or 106 of the 
                Hazardous Materials Transportation Act (49 U.S.C. App. 
                1804, 1805)'' and inserting ``section 5103(b), 5104, 
                5106, 5107, or 5110 of title 49, United States Code''.
          (4) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is amended 
        by inserting a period after ``expended''.
          (5) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
        amended--
                  (A) by striking ``and'' at the end of clause (iv),
                  (B) by moving clauses (v) and (vi) 2 ems to the left,
                  (C) by striking ``; and'' in clauses (v) and (vi) and 
                inserting ``and for'',
                  (D) by striking the colons in clauses (v) and (vi), 
                and
                  (E) by striking the period at the end of clause (v) 
                and inserting ``; and''.
          (6) Section 412(b) (8 U.S.C. 1522(b)) is amended by striking 
        the comma after ``is authorized'' in paragraph (3) and after 
        ``The Secretary'' in paragraph (4).
  (e) Miscellaneous Change in the Immigration Act of 1990.--Section 
161(c)(3) of the Immigration Act of 1990 is amended by striking ``an 
an'' and inserting ``of an''.
  (f) Miscellaneous Changes in Other Acts.--
          (1) Section 506(a) of the Intelligence Authorization Act, 
        Fiscal Year 1990 (Public Law 101-193) is amended by striking 
        ``this section'' and inserting ``such section''.
          (2) Section 140 of the Foreign Relations Authorization Act, 
        Fiscal Years 1994 and 1995, as amended by section 505(2) of 
        Public Law 103-317, is amended--
                  (A) by moving the indentation of subsections (f) and 
                (g) 2 ems to the left, and
                  (B) in subsection (g), by striking ``(g)'' and all 
                that follows through ``shall'' and inserting ``(g) 
                Subsections (d) and (e) shall''.

                        Explanation of Amendment

    Because H.R. 2202 was ordered reported with a single 
amendment in the nature of a substitute, the contents of this 
report constitute an explanation of that amendment.

                          Purpose and Summary

                      title i--border enforcement

    The first step in asserting our national sovereignty and 
controlling illegal immigration is to secure our nation's land 
borders. This fundamental mission has been undermined in recent 
decades by a lack of clear policy, inadequate resources, and a 
defeatist attitude. The result is a crisis at the land border, 
allowing hundreds of thousands of illegal aliens to cross each 
year, and contributing more than half of the 300,000 to 400,000 
annual growth in the illegal alien population. The problem is 
not limited to illegal immigration from this hemisphere: alien 
smugglers from around the globe have set routes through Latin 
America and Canada to smuggle people into the United States.
    More border patrol agents, enhanced training, and improved 
border technology are all critical to regaining control over 
our nation's borders. H.R. 2202 includes all of these reforms, 
including a 1,000 annual increase in Border Patrol agents from 
now until the end of the century. But H.R. 2202 does something 
more--it requires a focus on prevention and deterrence of 
illegal immigration, modeled after the successful ``Operation 
Hold-the-Line'' in El Paso, Texas. H.R. 2202 also improves the 
security of Border Crossing Identification Cards, so that such 
cards will only be used by those who have been granted the 
privilege of carrying them.
    Finally, illegal immigration control is not simply a matter 
of securing the land border. Close to half of illegal 
immigrants enter on temporary visas and overstay. H.R. 2202 
authorizes new resources for the prosecution of aliens with 
multiple illegal entries, and establishes pilot programs: (1) 
to deter multiple illegal entries into the United States 
through strategies such as interior repatriation or third 
country repatriation; (2) to use closed military facilities for 
detention of illegal aliens; and (3) to create a system for 
tracking the departures of temporary visitors.

    title ii--enforcement against alien smuggling and document fraud

    Illegal immigration is facilitated through criminal 
activity: alien smuggling, often carried out by organized 
criminal elements, and document fraud, including visa and 
passport fraud. Federal law enforcement should have the same 
tools to combat immigration crimes it does to combat other 
serious crimes that threaten public safety and national 
security. Thus, H.R. 2202 extends current wiretap and 
undercover investigation authority to the investigation of 
alien smuggling, document fraud, and other immigration-related 
crimes. It increases criminal penalties for alien smuggling and 
document fraud, establishes new civil penalties for document 
fraud, and extends coverage of the federal anti-racketeering 
statute (RICO) to organized criminal enterprises engaging in 
such activity.

     Title III--Reforming Procedures for Removal of Illegal Aliens

    Existing procedures to deny entry to and to remove illegal 
aliens from the United States are cumbersome and duplicative. 
Removal of aliens who enter the United States illegally, even 
those who are ordered deported after a full due process 
hearing, is an all-too-rare event. The asylum system has been 
abused by those who seek to use it as a means of ``backdoor'' 
immigration.
    H.R. 2202 streamlines rules and procedures for removing 
illegal aliens, and establishes special procedures for removing 
alien terrorists. Aliens who arrive in the United States with 
no valid documents will be removed on an expedited basis; 
arriving aliens with credible asylum claims will be allowed to 
pursue those claims. For illegal aliens already present in the 
U.S., there will be a single form of removal proceeding, with a 
streamlined appeal and removal process. To avoid removal, 
aliens must establish in such proceedings that they are 
entitled to be admitted or to remain in the United States. 
Relief from deportation will be more strictly limited. Aliens 
ordered removed who do not depart on time will be subject to 
civil penalties and excluded from certain immigration benefits.

           title iv--preventing employment of illegal aliens

    The magnet of jobs is a driving force behind illegal 
immigration. Despite federal laws prohibiting the hiring of 
illegal aliens, and requiring the verification of eligibility 
for all employees, an underground market in fraudulent 
documents permits illegal aliens to gain employment. Recent INS 
crackdowns demonstrate that illegal aliens work in a variety of 
industries and take jobs that could otherwise be filled by 
American workers. Enforcement, however, is hampered by a system 
that is difficult to implement and invites document fraud.
    H.R. 2202 cuts from 29 to 6 the number of acceptable 
documents to establish eligibility to work. It also establishes 
pilot projects, to be operated in States with high levels of 
illegal immigration, for employers to verify through a simple 
phone call or computer message an employee's authorization to 
work. The system will work through existing databases, and not 
require creation of any new government database. The system 
also will assure employers that the employment eligibility 
information provided to them by employees is genuine. The 
system could not be established on a national basis without 
prior approval by Congress. H.R. 2202 also establishes pilot 
projects to improve the security of birth certificates and 
birth/death registries, all of which have been subject to 
fraudulent use by illegal immigrants for gaining work, public 
benefits, and even, in some cases, voting privileges.

                   Title V--Legal Immigration Reform

    Congress has the task to set legal immigration policy that 
serves the national interest. As a result of the immigration 
bills passed in 1965, 1986, and 1990, there has been a dramatic 
increase in the overall levels of legal immigration. In 
addition, the percentage of immigrants admitted without regard 
to their level of education or skills now exceeds 80 percent. 
Since 1981, we have admitted a total of 12.5 million legal 
immigrants. During this period, we have admitted at least 
500,000 immigrants each year, and during the past 5 years, an 
average of close to 1 million per year.
    Such sustained, uninterrupted growth in immigration is 
without precedent in American history. So is the underlying 
rationale of many that immigration is a right, not a privilege. 
The entitlement theory, which seeks to fit immigration policy 
to the demands of those who would like to immigrate to the 
United States, has made it increasingly difficult to establish 
a policy that selects immigrants according to their ability to 
advance our national interests.
    A central failure of the current system is the admissions 
backlog for spouses and minor children of lawful permanent 
residents, which now numbers 1.1 million. This means that 
nuclear family members can be kept separated for years. Even 
larger backlogs exist in categories for adult, ``extended 
family'' immigrants. These backlogs undermine the credibility 
of the system by forcing people who are technically eligible to 
immigrate to wait for years, sometimes decades, before they can 
legally come to the U.S. The existence of these categories thus 
creates expectations that cannot possibly be met within the 
capacity of the current system. These failed expectations 
encourage many waiting in line to immigrate illegally to the 
U.S.
    The key to legal immigration reform is stating clear 
priorities that reflect the national interest. H.R. 2202 will 
better match the attributes of immigrants with the needs of the 
American economy, by increasing the number of visas available 
for highly-skilled and educated immigrants and by decreasing 
the proportion of immigrants admitted without regard to their 
level of skill and education. The bill also will put nuclear 
families first by giving priority to the admission of spouses 
and children of United States citizens, and for 5 years, 
doubling the number of visas for nuclear family members of 
legal permanent residents. The bill also preserves America's 
traditional role of leadership in refugee and other 
humanitarian immigration. While reforming legal immigration to 
end the ``entitlement'' attitude, H.R. 2202 maintains levels of 
legal immigration that are generous by historic standards: 
approximately 3.5 million immigrants would be admitted during 
the first 5 years.

                Title VI--Immigrants and Public Benefits

    Immigrants should be self-sufficient. Yet, the most 
reliable studies show that immigrants receive $25 billion more 
in direct public benefits than they contribute in taxes--$16 
billion for direct cash benefits and $9 billion for non-cash 
benefits such as Food Stamps and Medicaid. In addition, 
immigrant participation in Supplemental Security Income (SSI) 
has risen 580 percent during the past dozen years. H.R. 2202 
reinforces prohibitions against receipt of public benefits by 
illegal immigrants, makes enforceable the grounds for denying 
entry or removing aliens who are or are likely to become a 
public charge, and makes those who agree to sponsor immigrants 
legally responsible to support them.

                 Title VII--Facilitation of Legal Entry

    To facilitate legal entry and deter fraud, H.R. 2202 will 
increase the number of INS and Customs Service inspectors at 
border ports of entry, expand preinspection services at 
overseas airports, and require more training of airline 
personnel in detecting fraudulent documents.

   Title VIII--Temporary Skilled Workers and Miscellaneous Provisions

    To remain competitive in world markets, American business 
needs access to skilled foreign workers. The nonimmigrant H-1B 
visa permits such persons to work in the United States for up 
to six years. However, American workers need protection against 
abuse of the H-1B program by those employers who seek to 
replace native workers with lower-paid foreign workers. H.R. 
2202 strikes a balance between these interests, removing 
excessive regulatory burdens from businesses who are not 
dependent on H-1B workers and who do not abuse the program, 
while prohibiting the use of the program to replace laid-off 
American workers.

                Background and Need for the Legislation

    As a nation of immigrants, the United States has a singular 
interest that its immigration laws encourage the admission of 
persons who will enrich our society. President Ronald Reagan 
aptly observed that our nation is ``an island of freedom,'' 
political and economic, toward which the world has looked as 
both protector and exemplar. Unlimited immigration, however, is 
a moral and practical impossibility. We live in an age where 
the nations of the world are called upon to resolve the root 
causes--political, economic, and humanitarian--of migration 
pressures. In this context, the United States must exercise its 
national sovereignty to control its borders and pursue an 
immigration policy that serves the fundamental needs of the 
nation. In the words of the 1981 report of the Select 
Commission on Immigration and Refugee Policy (``Select 
Commission''), ``[o]ur policy--while providing opportunity for 
a portion of the world's population--must be guided by the 
basic national interests of the United States.'' 1
    \1\ ``Select Commission on Immigration and Refugee Policy, U.S. 
Immigration Policy and the National Interest,'' Joint Committee Print 
No. 8, Committees on the Judiciary of the House of Representatives and 
the United States Senate, 97th Cong., 1st Sess. 3 (1981) (referred to 
hereinafter as 1991 Select Commission Report).
---------------------------------------------------------------------------
     During the ensuing 15 years, that basic message has been 
lost. Serious immigration reform has been frustrated by our 
failure to define the national interests that must be served by 
U.S. immigration policy. A pervasive sense exists among the 
public that the Federal Government lacks the will and the means 
to enforce existing immigration laws.
     The symptoms of this failure are manifest: four million 
illegal aliens residing in the United States, with an annual 
increase in illegal immigration of more than 300,000; tens of 
thousands of overseas visitors each year who overstay their 
visas and remain in the United States illegally; a deportation 
process that removes only a small fraction of illegal aliens; 
an asylum adjudications backlog of over 400,000; a program of 
employer sanctions that is confusing for employers, riddled 
with document fraud, and ineffective in deterring both the 
hiring of illegal aliens and the illegal entry of aliens 
seeking employment; and a legal immigration system that fails 
to unite nuclear families promptly, encourages the ``chain 
migration'' of extended families, and admits a vast majority of 
immigrants without any regard to levels of education or job 
skills.
     H.R. 2202 seeks a fundamental re-orientation of 
immigration policy in the direction of the national interest. 
The Act will curb illegal immigration and establish a legal 
immigration system that is generous by historic standards and 
serves fundamental family, economic, and humanitarian needs. 
The bill is comprehensive because the crisis is so deep and the 
challenges presented by legal and illegal immigration so 
closely intertwined. All aspects of immigration law must be 
reformed to provide clear direction and purpose to those 
responsible for their enforcement, and to eliminate to the 
greatest possible extent special provisions and exceptions that 
detract from these fundamental purposes. In short, our 
immigration laws should enable the prompt admission of those 
who are entitled to be admitted, the prompt exclusion or 
removal of those who are not so entitled, and the clear 
distinction between these categories.
     To place H.R. 2202 in its proper context, a more detailed 
assessment of current immigration problems and past efforts and 
proposals for reform is appropriate.

                         I. Illegal Immigration

     The challenge of combatting illegal immigration is but one 
facet of the vast overall demand on the United States 
immigration system. As explained by the U.S. Commission on 
Immigration Reform in its 1994 report to Congress:


          Each year U.S. land and air borders face inspection 
        of approximately 500 million people seeking entry. In 
        1993, approximately 409 million people were inspected 
        at U.S. land ports of entry, 55 million at airports, 
        and 9 million at seaports. This number does not include 
        illegal entrants or individuals apprehended while 
        attempting to enter illegally. The Immigration and 
        Naturalization Service (INS) estimated in 1992 that 
        there were 3.4 million ``permanent'' illegal aliens in 
        the U.S. Of this population, roughly one-half entered 
        legally by air and overstayed their visas and the other 
        one-half entered without inspection by land or 
        sea.2
    \2\ U.S. Commission on Immigration Reform, U.S. Immigration Policy: 
Restoring Credibility 47 (1994) (emphasis supplied) (referred to 
hereinafter as 1994 Commission Report).

    The INS estimates that there is a net annual increase of 
300,000 in the illegal alien population. Thus, the number of 
``permanent'' illegal aliens exceeds 4 million. To halt this 
increase and make actual cuts in the size of the illegal 
immigrant population, immigration policy must address both 
illegal border crossings and the phenomenon of ``visa 
overstays.''

Illegal border-crossing

     Perhaps the most visible illustration of the failures of 
immigration enforcement is the continued high level of illegal 
migration across the land borders of the United States, 
particularly in the Southwest. Precise measurement of this 
migration flow is elusive. The INS traditionally has relied 
upon apprehension statistics for this task, but such statistics 
are a flawed measure of both the rate of illegal migration and 
the success of enforcement. As the U.S. Commission on 
Immigration Reform has stated, ``[t]he most effective border 
control strategy would produce an apprehension rate of zero. 
So, too, would a complete failure of border control.'' 3 
Despite these shortcomings, apprehension statistics show the 
growing extent of the problem.
    \3\ 1994 Commission Report at 57.

        Years                                              Apprehensions
 1931-1940..............................................         147,457
 1941-1950..............................................       1,377,210
 1951-1960..............................................       3,598,949
 1961-1970..............................................       1,608,356
 1971-1980..............................................       8,321,498
 1981-1990..............................................      11,883,328
 1991-1994..............................................       4,778,333


     For virtually all of this period, apprehension of aliens 
shortly after they have crossed the border, or at destinations 
further in the interior, has been the backbone of INS and 
Border Patrol enforcement strategy. Deterrent-based strategies 
had not been attempted, despite the 1981 observation of the 
Select Commission that ``[i]t is both more humane and cost 
effective to deter people from entering the United States than 
it is to locate and remove them from the interior.'' 4 The 
choice of strategy was dictated in part by a lack of resources: 
the Select Commission noted that ``[a]t any given hour no more 
than 450 Border Patrol agents are directly engaged in 
activities to stop persons attempting to enter the United 
States without inspection.'' 5
    \4\ 1981 Select Commission Report at 47.
    \5\ 1981 Select Commission Report at 48.
---------------------------------------------------------------------------
     Another symbol of America's past failure to take seriously 
the problem of illegal immigration has been the reluctance to 
use secure fences to prevent illegal border crossings. In 
general, physical barriers can assist the Border Patrol to 
deter illegal crossings, channel aliens to locations where they 
can be most easily apprehended, and reduce crime and violence 
at the border.
     In recent years, the approach to border enforcement has 
changed. Chain-link fences have been replaced in certain high-
traffic areas by more resistant structures. Section 542 of the 
Immigration Act of 1990 authorized the appropriation of funds 
for the ``repair, maintenance, or construction on the United 
States border, in areas experiencing high levels of 
apprehensions of illegal aliens, of structures to deter illegal 
entry to the United States.'' Just as visible has been the 
deployment of border patrol agents directly on or in close 
vicinity to the border, to create a visible deterrent to 
potential illegal immigrants. This approach was initiated by 
Chief Silvestre Reyes of the El Paso Border Patrol Sector in 
September 1993, when he ordered 400 of his 650 agents to be 
deployed on a 24-hour basis directly on the border, stationed 
in their vehicles at distances ranging from 50 yards to a 
quarter mile. Regular helicopter patrols were established. The 
border fence, which has numerous holes and was breachable in 
125 locations, was repaired and maintained. Originally 
conceived as a two-week pilot program called ``Operation 
Blockade,'' Chief Reyes' strategy has become a standing 
initiative, ``Operation Hold-the-Line.''
     Operation Hold-the-Line represented a fundamental change 
in strategy for control of the border. As in other areas, 
illegal crossings into El Paso had been largely tolerated and 
enforcement efforts were directed at apprehending aliens who 
attempted to remain in the United States for extended periods 
of time. Only about 15 percent of the estimated 8,000 to 10,000 
persons who crossed the border illegally each day in the El 
Paso Sector were apprehended. Under Operation Hold-the-Line, 
illegal crossings have been substantially deterred, with 
apprehensions of illegal aliens within El Paso dropping by as 
much as 75 percent. Petty street crime and property crime has 
been reduced, as has the occurrence of more serious property 
and violent crimes. The Operation also has led to the seizure 
of more illegal drugs and other contraband. The Operation has 
had overwhelming public support in El Paso, including in the 
Mexican American community. Complaints against the Border 
Patrol have been reduced because there are fewer apprehensions 
and pursuits of aliens. The change has been particularly 
noticed in schools lying close to the border, which are now 
considered safer for students.6
    \6\ Bean, et al., Illegal Mexican Migration and the United States/
Mexico Border: The Effects of Operation Hold-the-Line on El Paso/Juarez 
(July 1994) (Report prepared for the U.S. Commission on Immigration 
Reform by the Population Research Center at the University of Texas at 
Austin); General Accounting Office, Border Control: Revised Strategy is 
Showing Some Positive Results (December 1994) (Report to the 
Subcommittee on Information, Justice, Transportation and Agriculture of 
the House Committee on Government Operations).
---------------------------------------------------------------------------
     The success of Operation Hold-the-Line has led both the 
Commission on Immigration Reform and the General Accounting 
Office to urge adoption of similar deterrence strategies as the 
prevalent form of enforcement along the southern border.7 
The Commission recommended a comprehensive approach to deal 
with the changing crossing patterns that resulted from stepped-
up enforcement in the El Paso area. The GAO concluded that the 
national border patrol strategy adopted by the INS shows 
promise for success in reducing illegal immigration and is 
consistent with previous recommendations for securing the 
border.
    \7\ 1994 Commission Report at 49; Border Control: Revised Strategy 
Is Showing Some Results, supra note 6. See also ``Border Security: 
Hearing Before the Subcomm. on Immigration and Claims of the House 
Comm. on the Judiciary,'' 104th Cong., 1st Sess. 102-110 (March 10, 
1995) (Statement of Laurie E. Ekstrand, General Accounting Office).
---------------------------------------------------------------------------
     The INS also has recently adopted a deterrence strategy in 
the heavily-travelled San Diego sector. This initiative, called 
``Operation Gatekeeper,'' entails assignment of additional 
Border Patrol agents in the sector, deployment of agents in 
close proximity to the border, although not directly on the 
border as in El Paso, completion of new fences and roads along 
the border (an initiative started and substantially completed 
during the Bush Administration), and installation of additional 
lighting. The INS now also fingerprints all aliens apprehended 
in the sector in order to identify aliens with criminal 
records, track aliens who repeatedly try to cross the border 
illegally, and measure the effectiveness of the new border 
control measures.
     The impact of Operation Gatekeeper has been favorable, but 
not as dramatic as Operation Hold-the-Line. Border Patrol 
agents have been concentrated in the western end of the sector, 
and construction of a steel fence extending into the Pacific 
Ocean and to a point 14 miles inland from the coast, is nearly 
complete. As a result, apprehensions of illegal aliens have 
fallen most markedly in the Imperial Beach area, adjacent to 
the Pacific Ocean, but illegal alien traffic has greatly 
increased in the eastern portion of the San Diego sector, and 
overall apprehensions in the sector have actually increased. 
The fingerprinting process has identified large numbers of 
repeat border-crossers, some of whom are being prosecuted.
     Despite these initial successes, the challenge of securing 
the border over the long term will prove to be difficult. One 
seemingly intractable problem is repeat border-crossings. Many 
of these aliens eventually escape apprehension and thus add to 
the illegal alien population. All of them add to the 
enforcement burdens of the INS. The INS has previously 
attempted efforts at interior repatriation of such aliens, 
returning them to places hundreds of miles from the border 
rather than directly across the border where they are free 
immediately to attempt another illegal entry. This program was 
dropped, but should be reinstituted as part of the broader 
deterrence strategy. In addition, stronger bilateral efforts 
with the Mexican Government should be undertaken, especially in 
the area of cross-border crimes and alien smuggling. These are 
genuine issues of national security and public safety 
exacerbated by the U.S. government's failure to control the 
border.
     Based on the experience in El Paso and San Diego, Congress 
should establish as a fundamental strategy for immigration 
enforcement the deterrence of illegal migration across the land 
borders of the United States. Such a strategy is preferable to 
one based on interior apprehension of illegal aliens because of 
the costs associated with apprehending and deporting an alien 
from the interior. The INS should be given the resources to 
carry out a deterrence strategy at all appropriate locations 
along the borders, as well as the necessary direction from 
Congress to use the resources in this fashion. A pilot program 
for interior repatriation should be reinstituted, along with 
technological measures to combat illegal border crossing.
     An additional problem in border enforcement has been abuse 
of the Border Crossing Identification Card, used primarily by 
citizens of Mexico in lieu of visas for visits to the United 
States within 25 miles of the border for up to 72 hours. 
(Canadian citizens and landed immigrants from Commonwealth 
nations are not required to have a visa to enter the United 
States, and thus generally do not require a border crossing 
card.) Approximately 200,000 cards are issued annually. The 
Commission on Immigration Reform and the INS have both 
identified a troubling instance of fraud associated with these 
cards. In 1993, 24,236 cards were intercepted after issuance 
for counterfeiting, alteration, use by impostors, or violations 
of the conditions of usage, such as engaging in employment. 
These problems should come as little surprise. Despite the high 
incidence of illegal immigration across the land border with 
Mexico, the cards have heretofore been issued without security 
features. Until recently, in fact, border crossing cards were 
issued on a permanent basis, meaning that aliens could hold a 
card for years or even decades without renewal. The high demand 
for the cards has resulted both in backlogs of individuals 
waiting to receive cards and hasty adjudication of 
applications. In some recent cases, individuals with criminal 
records have been issued border crossing cards.
     The INS has recently taken some steps to improve the 
security of these cards and to ensure that only aliens entitled 
to the privilege are issued cards. H.R. 2202 requires specific 
improvements to be made in all new and existing cards within 3 
years.

Visa overstays

    A ``visa overstay'' is an alien who has been admitted to 
the United States as a nonimmigrant visitor (often as a 
student, tourist, or businessperson) but who stays in the 
United States beyond the expiration of the visa and lives here 
as an illegal alien.8 Despite the magnitude of this 
problem, it has only recently been recognized as a leading 
component of the illegal alien population in the U.S. Moreover, 
no one is certain of how many people overstay their visas, how 
long they do so, and how they support themselves. Methods of 
calculating if and when persons with temporary visas leave the 
U.S. are haphazard.9
    \8\ Although they are ``legally'' admitted, nonimmigrant visa 
holders who intend to come to the United States and stay permanently 
are technically ``illegal'' immigrants from the time of their arrival 
in the United States. A person who obtains a nonimmigrant visa 
intending to remain in the U.S. indefinitely has committed visa fraud 
and is excludable under INA Sec. 212(a)(6)(C)(i). Most aliens who 
intend to overstay their visas are not apprehended upon entry, and 
still others make the decision to overstay after they have arrived. 
Such aliens are subject to deportation under section 241(a)(1)(C).
    \9\ See generally, ``Foreign Visitors Who Violate the Terms of the 
Their Visas by Remaining in the United States Indefinitely: Hearing 
Before the Subcomm. on Immigration and Claims of the House Comm. on the 
Judiciary,'' 104th Cong., 1st Sess. (Feb. 24, 1995) (cited hereinafter 
as Hearing: Foreign Visitors Who Overstay).
---------------------------------------------------------------------------
    Without a reliable system, the INS has no means to 
determine exactly how many people who arrive in the United 
States as visitors actually depart, and who they are. 
Currently, all foreign visitors complete an I-94 arrival/
departure form prior to arrival in the United States. The 
arrival portion of the I-94 is turned over to the INS inspector 
at the port of entry. However, because the departure portion of 
the form is collected by the air carrier when the alien 
departs, and the collection process by carriers is uneven, the 
data is not reliable.
    The INS can estimate ``apparent overstays'' by simply 
counting the number of arrival forms without matching departure 
forms. However, the INS has concluded that the majority of 
``apparent overstays'' are actually the result of incomplete 
collection of the departure forms. After correcting for this 
high rate of system error, the INS calculated that the number 
of visa overstays in 1992 was 305,000, and the visa overstay 
rate is 1.5 percent. The number of overstays has increased 
since the mid-1980s, while the rate has decreased, owing to the 
overall growth in the number of visas issued to foreign 
visitors. The INS estimates that more than 80 percent of 
nonimmigrant overstays have received a B-2 (tourist) visa. Most 
of the remaining percentage entered on a B-1 (business visitor) 
visa.
    Visa overstay rates vary among regions of the world. 
Overstay percentages from Europe are always well below the 
average percentage for other countries, but nevertheless 
account for 15-20 percent of the aggregate total. Leading 
countries are Italy, Poland, and, recently, the former Soviet 
Union. Overstay rates from Asia run slightly below the average 
percentage for other countries, and account for numbers roughly 
equal to those of Europe. The leading country from the region 
by far is the Philippines, with India, China, and Hong Kong 
also contributing significant numbers. North America (including 
Central America) produces both the highest rate and highest 
percentage of visa overstays. This is chiefly attributable to 
Mexico, where the estimated number of overstays rose from 
25,000 in 1985 to 60,000 in 1992. The Bahamas (13,000 in 1992), 
Jamaica (9,000), Haiti (9,000) and Central America (22,000) 
also produce significant numbers, especially given their 
limited populations. Overstay rates from Africa are relatively 
high, but the overall numbers are relatively low. This may be 
due in part to the limited number of nonimmigrant visas issued 
in some African nations. Both the overstay rate and overstay 
numbers from South America are modest.
    The phenomenon of visa overstays presents specific problems 
for immigration enforcement. First, visa overstayers spread the 
illegal immigration problem to regions outside of the border 
states, and due to their diverse character (many visa 
overstayers have more advanced education and skills than 
typical illegal land border entrants), to various sectors of 
the economy. Second, visa overstayers account for a substantial 
portion of those waiting in the ``asylum backlog''--the 
estimated 400,000 persons who are waiting for adjudication by 
the INS of their asylum claims. While some of these people have 
legitimate claims, many have filed the asylum claim as a means 
of remaining in the United States indefinitely. Third, 
obstacles to enforcement against this phenomenon are likely to 
remain (or increase) with the further globalization of the 
economy and rise in the number of legitimate visitors to the 
United States. A more lengthy or intrusive inspections process 
at ports of entry might identify more aliens who intend to 
overstay, but at the price of convenience for the vast majority 
of legitimate visitors. Another alternative would be more 
extensive processing by consular officers of requests for 
nonimmigrant visas. This would require a greater commitment of 
resources to the consular bureau within the Department of 
State.
    Perhaps as a result of these difficulties, there have been 
fewer specific recommendations regarding enforcement measures 
against visa overstays. The Commission on Immigration Reform 
indicated that the solution lies in improved interior 
enforcement, chiefly by preventing employment of illegal 
aliens. (This topic is treated at greater length below.) The 
State Department now processes a vast majority of visas through 
an automated system that allows for quicker background checks, 
and most newly-issued visas are machine-readable, an additional 
security feature.10 Stricter standards for issuing visas 
have been suggested. However, in many countries with a high 
visa overstay rate, State Department consular officers already 
deny a substantial percentage of visa applications.11
    \10\ Hearing: Foreign Visitors Who Overstay, supra note 9, at 20 
(Statement of Diane Dillard, Deputy Assistant Secretary for Visa 
Services, Bureau of Consular Affairs, Department of State).
    \11\ Id. at 32-33.
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Alien smuggling

    Alien smuggling contributes greatly to the overall problem 
of illegal immigration. Whether carried out by so-called 
coyotes (smugglers) along the Southwest border, or through 
sophisticated organized crime rings that smuggle aliens into 
the United States by land, sea, and air, alien smuggling both 
adds to the overall numbers of illegal aliens in the United 
States and increases the financial and other incentives for 
such trafficking to continue. Alien smuggling is often linked 
to other crimes, such as drug smuggling and trafficking, 
prostitution, racketeering, and severe labor law violations. 
Due to the inhumane living and working conditions they face, 
many smuggled aliens are victims, more than beneficiaries, of 
this criminal activity.12
    \12\ See generally, ``Alien Smuggling: Hearing Before the Subcomm. 
on International Law, Immigration, and Refugees of the House Comm. on 
the Judiciary,'' 103rd Cong., 1st Sess. (June 30, 1993).
---------------------------------------------------------------------------
    Smuggling by boat is perhaps the most visible recent 
manifestation of alien smuggling carried out by organized crime 
syndicates. The arrival of the Golden Venture in New York City 
in June 1993 brought this problem to national attention: the 
vessel foundered on a sand bar, and hundreds of Chinese 
nationals struggled to reach the shore and escape, several of 
them drowning in the process. The remainder were apprehended 
and detained for exclusion proceedings, in which most claimed 
political asylum. Due to procedural delays inherent in the 
immigration hearing process, and the difficulty of arranging 
return travel to the People's Republic of China, most of these 
aliens remained in the United States more than 2 years after 
their arrival.
    Other smuggling boats have landed or been apprehended in 
United States waters, while still others have been interdicted 
in international waters. However, due to greater enforcement 
efforts, the organized smuggling by sea from Asia has decreased 
somewhat since the arrival of the Golden Venture.  (Illegal 
immigration by sea has long been prevalent from countries in 
the Caribbean, and this continues to be the case.)
    Notwithstanding the public visibility of alien smuggling by 
boat, the vast majority of smuggled aliens arrive by more 
conventional means. Some travel directly to the United States, 
using fraudulent passports and visas, and attempt entry at 
international airports. Many such aliens have presented 
passports and visas prior to embarking overseas, but destroy 
the documents en route or surrender them to confederates. 
Probably the greatest number travel through more circuitous 
routes, travelling to other countries in the Western Hemisphere 
and then arranging onward travel to the United States either by 
air or through surreptitious crossing of the land border.
    Whether they arrive by boat, directly by air, or through 
more complex routes, smuggled aliens (often with the assistance 
of smugglers) abuse immigration procedures to extend their stay 
in the United States. Thousands of smuggled aliens arrive in 
the United States each year with no valid entry documents and 
declare asylum immediately upon arrival. Due to lack of 
detention space and overcrowded immigration court dockets, many 
have been released into the general population. Not 
surprisingly, a majority of such aliens do not return for their 
hearings. In recent years, however, the number of aliens 
arriving at airports with no valid documents has decreased in 
districts, particularly in New York and Los Angeles, where 
detention capacity has increased and most mala fide aliens can 
be detained. The threat of expedited exclusion, which has been 
considered by Congress since 1993, may also have had a 
deterrent effect.
    Finally, many aliens successfully smuggled into the United 
States have filed asylum claims as a means not only to extend 
their stay, but, under regulations in effect until January 
1995, to obtain work authorization. Due to the huge backlog in 
asylum cases, and the inability of the INS to detain failed 
asylum applicants who are deportable from the United States, 
these aliens could reasonably expect that the filing of an 
asylum application would allow them to remain indefinitely in 
the United States. Under regulations effective in January 1995, 
asylum applicants no longer are entitled to receive work 
authorization. This has led to a substantial reduction in 
filing of new asylum applications. (The new asylum regulations 
are discussed below in more detail.)

   II. Inspection, Apprehension, and Removal of Criminal and Illegal 
                                 Aliens

             A. Populations of Criminal and Illegal Aliens

Criminal aliens

    The number of criminal aliens incarcerated in Federal and 
State prisons has grown dramatically in recent years, and is 
now estimated as 100,000.13 The ``foreign-born'' 14 
population in institutions operated by the Bureau of Prisons 
(BOP) is 27,938, or 29 percent of all inmates (95,997). An 
estimated 75 percent are subject to deportation.15 
Compared to FY 1980, this is an increase from approximately 
1,000, or less than 4 percent of all BOP inmates (27,825). 
According to the BOP, the increase in the Federal alien 
prisoner population is due largely to drug convictions; 75 
percent of alien inmates are incarcerated for such offenses, 
compared to 61 percent of all Federal inmates. Foreign-born 
prisoners serve an average of 7.7 years. More than 85 percent 
are from Mexico, Central America, South America, and the 
Caribbean. The leading individual countries of origin are, in 
order, Mexico, Colombia, Cuba, the Dominican Republic, Jamaica, 
and Nigeria.
    \13\ See ``Removal of Criminal and Illegal Aliens: Hearing Before 
the Subcomm. on Immigration and Claims of the House Comm. on the 
Judiciary,'' 104th Cong., 1st Sess. 4 (Statement of T. Alexander 
Aleinikoff, General Counsel, Immigration and Naturalization Service) 
(Hearing: Criminal and Illegal Aliens).
    \14\ ``Foreign-born'' prisoners may include naturalized citizens 
and certainly includes both legal permanent residents and people who 
are in violation of their immigration status (including visa overstays) 
or who entered the U.S. without permission. See ``Criminal Aliens: 
Hearing Before the Subcomm. on Immigration, Refugees, and International 
Law of the House Comm. on the Judiciary,'' February 23, 1994, at 188-
189 (Testimony of INS Deputy Commissioner Chris Sale). The Director of 
the BOP has testified that ``[a]s of January 29, 1994, our inmate data 
base reflects that there were 22,326 inmates in BOP custody who were 
non-United States citizens (24.8 percent of the population). Id. at 
166-167 (Statement of Kathleen M. Hawk). The BOP confirmed to the 
Committee by telephone in November 1995 that the non-citizen population 
remains at approximately 24 percent.
    \15\ Id.; ``Management Practices of the Immigration and 
Naturalization Service: Hearing Before the Subcomm. on Immigration and 
Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st Sess. 41 
(February 8, 1995) (Hearing: Management Practices).
---------------------------------------------------------------------------
    The INS reports that there are an estimated 69,926 foreign-
born inmates in State prisons, and that 80 percent of these, or 
55,640, are deportable.16 (The remainder are not 
deportable because they are either naturalized citizens or 
lawful permanent residents with protection from deportation.) 
More than 81 percent (56,391) of the overall foreign-born state 
prison population are in seven high immigration states: 
California, Texas, Florida, New York, Illinois, New Jersey, and 
Arizona.17 The INS believes that the number of criminal 
aliens in Federal or State prisons who are subject to final 
orders of deportation is small. The INS and the Executive 
Office for Immigration Review (EOIR) complete deportation 
proceedings against incarcerated criminal aliens through the 
Institutional Hearing Program (IHP); most IHP proceedings are 
completed close to the alien's scheduled release from prison.
    \16\ Hearing: Criminal and Illegal Aliens, supra note 13, at 8 
(Statement of T. Alexander Aleinikoff).
    \17\ Id.
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Illegal aliens

    The overall population of illegal aliens in the United 
States is now estimated at 4,000,000 or more, with an annual 
increase of 300,000 to 400,000. Only a fraction face 
immigration enforcement proceedings. In FY 1995, deportation 
proceedings resulted in orders of deportation against 82,915 
aliens. An additional 22,815 aliens were ordered deported by 
immigration judges after being found excludable from the U.S. 
Finally, 19,040 aliens were granted voluntary departure after 
being found deportable. These deportation and exclusion figures 
represent substantial increases from the same figures for FY 
1994, when 67,352 were ordered deported, 16,730 were found 
excludable, and 13,416 were granted voluntary departure. The 
principal reason is additional resources that have permitted 
the hiring of new immigration judges and INS trial counsel. The 
direct referral of unsuccessful asylum applicants to 
deportation proceedings under the new asylum regulations will 
lead to further increases in the number of deportation 
proceedings.
    In FY 1995, a total of 17,464 aliens filed appeals to the 
Board of Immigration Appeals; the BIA affirms the vast majority 
of deportation and exclusion orders. A smaller number--
approximately 1200 in recent years--appeal their cases to the 
Federal courts.
    The number of aliens ordered deported, moreover, greatly 
exceeds the number who actually are removed from the U.S. In 
1995, the INS removed 49,311 illegal aliens, 41,451 of which 
had received deportation hearings, and 7,860 of which had been 
processed through exclusion hearings. Approximately 32,000 
(29,255 from deportation cases, and 2,738 from exclusion cases) 
of these aliens were criminals. Thus, an important subset of 
the annual growth in the number of illegal aliens--as many as 
50,000 or more--consists of those who have been ordered 
deported, but are not actually removed.
    A critical question, for which there is no precise answer, 
is how many of the aliens ordered deported but not removed are 
criminals. The INS claims that this figure is very low, because 
criminal aliens who are in INS custody and have received final 
orders of deportation are kept in custody and deported. 
However, the INS admits that some convicted criminal aliens 
with final orders of deportation are released. The INS explains 
that these are generally lawful permanent residents who are 
deemed unlikely to abscond. The INS also admits that some 
criminal aliens are released from custody prior to having their 
deportation proceedings completed. This is often done because 
of a lack of detention space. These aliens are generally 
released on bond; however, some of them do not appear for their 
deportation hearings and thus disappear into the general 
population of illegal aliens.18
    \18\ See generally Hearing: Criminal and Illegal Aliens, supra note 
13 at 45-48; Hearing: Management Practices, supra note 15, at 49-50.
---------------------------------------------------------------------------

Summary

    The number of aliens incarcerated in Federal and State 
prisons has risen dramatically in the past 15 years to close to 
100,000. Approximately 45,000 criminal aliens are placed in 
deportation proceedings each year, and in the last fiscal year, 
29,000 were removed from the country. A certain number of 
criminal aliens, including a small number with final orders of 
deportation, are released from INS detention each year.
    The overall population of illegal aliens is growing much 
more rapidly (300,000-400,000 per year) than the number of 
aliens that the INS seeks to remove through deportation 
proceedings. More than 100,000 aliens are ordered deported or 
excluded each year, but only about 50,000 (32,000 of which are 
criminals) are actually removed from the United States. Thus, 
in addition to the general illegal immigrant population, there 
are growing numbers of aliens remaining in the United States 
who are not only illegally present, but who have ignored final 
orders of deportation to leave the U.S. (These figures do not 
include aliens granted voluntary departure who do not, in fact, 
depart from the U.S.)

            B. Legal Issues Pertaining to Removal of Aliens

    The vast majority of illegal aliens apprehended in the 
United States are those who have crossed the Mexican border and 
are allowed to return voluntarily without being placed in 
formal deportation proceedings. Other aliens may be placed in 
deportation proceedings under section 242 of the Immigration 
and Nationality Act (INA), 8 U.S.C. 1252, through issuance of 
an ``Order to Show Cause.'' (OSC) 19 An OSC requires an 
alien to appear for hearing before an immigration judge within 
the Executive Office for Immigration Review.
    \19\ See INA Sec. 242B.
---------------------------------------------------------------------------
    An alien is entitled to be represented by counsel, at no 
expense to the Government, and to examine evidence and cross-
examine witnesses at the deportation proceeding. At most 
hearings, the issue of deportability is conceded: the alien 
essentially admits that he or she is here illegally, but seeks 
relief from deportation under one of the provisions of the INA. 
The following are the most common forms of relief:

Voluntary departure

    Under section 244(e) of the INA, a deportable alien may be 
granted the option to voluntarily depart the United States, in 
lieu of deportation. This option is attractive because it 
allows the alien to leave without bearing the consequences of 
having been deported, which include restrictions on subsequent 
legal entries to the United States. An alien may be granted 
voluntary departure if the alien has been a person of good 
moral character for the previous five years. The grant of 
voluntary departure gives the alien a specific amount of time 
to leave the U.S., after which the alien becomes subject 
automatically to an order of deportation.

Asylum

    The alien may state a ``defensive'' claim for asylum (as 
opposed to an ``affirmative'' claim presented in the first 
instance to an INS asylum officer). The immigration judge rules 
on the asylum claim in accordance with section 208 of the INA, 
which permits the granting of asylum to any alien present in 
the U.S. who meets the definition of a ``refugee'' under 
section 101(a)(42) of the INA.20
    \20\ An asylum claim also is considered a claim for withholding of 
deportation under section 243(h) of the INA; but very few aliens are 
granted withholding of deportation because if they are eligible for 
that form of relief, they are probably eligible for the more permanent 
relief of asylum. Withholding of deportation, which conveys no right to 
remain in the United States permanently, must be granted when the 
immigration judge finds that the alien's life or freedom would be 
threatened on account of race, religion, nationality, membership in a 
particular social group, or political opinion. (An asylee, by contrast, 
need only show a ``well-founded fear'' of persecution on account of one 
of these five grounds.)
---------------------------------------------------------------------------
    Under new INS regulations effective in January 1995,21 
failed applicants in the ``affirmative'' asylum system will be 
directly referred to an immigration judge for deportation 
hearing and be able to renew their asylum claim in that 
proceeding. This is expected to ensure that failed asylum 
seekers remain under INS docket control and are ordered to 
leave the country.
    \21\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
---------------------------------------------------------------------------
    Aggravated felons are barred from seeking asylum and are 
ineligible for withholding of deportation.

Suspension of deportation

    Under section 244 of the INA, aliens who have been present 
in the United States for seven years or longer may qualify for 
suspension of deportation if deportation would result in 
extreme hardship to the alien, or to a family member who is a 
citizen or a lawful permanent resident. Aliens convicted of 
crimes (but not aggravated felons) are eligible for suspension 
of deportation only if they have shown 10 years of good moral 
character since the conviction and can show extreme and unusual 
hardship. A person granted suspension of deportation is 
permitted to become a lawful permanent resident of the United 
States.
    Aggravated felons are ineligible for suspension of 
deportation.

``Section 212(c)'' relief

    Section 212(c) of the INA provides that a lawful permanent 
resident returning to an ``unrelinquished domicile'' in the 
United States of at least seven years standing may be admitted 
to the United States even if he or she is excludable for having 
committed a crime. This provision has been interpreted to apply 
to deportation proceedings as well, on the ground that it is 
unconstitutional to limit the relief to a lawful permanent 
resident who has departed the U.S.22 In these cases, the 
immigration judge decides whether the lawful permanent resident 
has established sufficient ``equities'' (including 
rehabilitation and non-recidivism) to outweigh the crime 
committed. A person granted this relief retains lawful 
permanent resident status.
    \22\ Francis v. INS, 532 F.2d 268 (2d Cir. 1976); Matter of Silva, 
16 I&N; Dec. 26 (BIA 1976).
---------------------------------------------------------------------------
    Aggravated felons are ineligible for this form of relief if 
they have been convicted of crimes for which they have served, 
in the aggregate, five years in prison.
    Each of these forms of relief may be exploited by illegal 
aliens to extend their stay in the United States. Voluntary 
departure is subject to abuse because there is very little 
assurance that aliens actually leave the United States, and 
very little incentive for them to do so. In addition, the 
Government often gets nothing in return for granting this form 
of relief. Voluntary departure could be used to ``settle'' 
deportation cases expeditiously and ensure that people actually 
leave the United States, but this is not frequently done under 
the current system.
    Asylum is often claimed by persons who have not suffered 
persecution, but who know that delays in adjudication 
(particularly in the affirmative asylum system) will allow them 
to remain in the United States indefinitely, meanwhile accruing 
time so that they will be eligible for suspension of 
deportation if they are ever placed in deportation proceedings.
    Suspension of deportation is often abused by aliens seeking 
to delay proceedings until 7 years have accrued. This includes 
aliens who failed to appear for their deportation proceedings 
and were ordered deported in absentia, and then seek to re-open 
proceedings once the requisite time has passed. Such tactics 
are possible because some Federal courts permit aliens to 
continue to accrue time toward the seven year threshold even 
after they have been placed in deportation proceedings. Similar 
delay strategies are adopted by aliens in section 212(c) cases, 
where persons who have been in the United States for a number 
of years, but have only been lawful permanent residents for a 
short period of time, seek and obtain this form of relief.

      C. Procedural Issues Pertaining to Removal of Illegal Aliens

    Illegal aliens also may frustrate removal through taking 
advantage of certain procedural loopholes in the current 
removal process.
    First, aliens may request and obtain multiple continuances, 
in order to change the venue of their hearing, obtain an 
attorney, or prepare an application for relief. Due to the 
crowded dockets in the immigration courts, delays can stretch 
out over weeks and months.
    Second, many aliens simply fail to appear for their 
deportation hearing. A 1989 study by the General Accounting 
Office estimated that 27 percent of deportation proceedings are 
closed because aliens fail to appear for their hearings. The 
``no-show'' rate can exceed 50 percent in venues such as New 
York, Los Angeles, and Miami. Bonds apparently do not have a 
strong deterrent effect against no-shows.
    Third, lapses (perceived or genuine) in the procedures for 
notifying aliens of deportation proceedings lead some 
immigration judges to decline to exercise their authority to 
order an alien deported in absentia. These problems are 
exacerbated by the fact that aliens may request a change of 
venue of their proceeding. Often, an alien who has changed 
venue will not inform the INS of a changed address (or of 
subsequent address changes) despite the legal obligation to do 
so.
    Fourth, there are few consequences (other than forfeiture 
of bond) for aliens who fail to appear for their hearings. 
Failure to appear for earlier proceedings is rarely if ever 
cited as an example of misconduct in future hearings if the 
alien is applying for relief such as suspension of deportation. 
Furthermore, aliens expect that the INS is unlikely to mount 
any serious effort to apprehend them if they fail to appear.
    Fifth, although only a small percentage of aliens appeal 
their deportation orders to the Board of Immigration Appeals or 
to the Federal courts, those who do can count on significant 
delays in the disposition of their appeal.
    Sixth, illegal aliens apprehended at worksites have, as a 
result of being placed in deportation proceedings, acquired the 
right to obtain work authorization pending the completion of 
their hearings. This leads to the anomalous situation in which 
an alien who was illegally working for an employer one week may 
be legally re-hired the following week after being apprehended 
by INS. Cases like this should be rare in the future, however, 
since the INS in January 1995 repealed the regulatory provision 
that granted work authorization to all aliens in deportation 
proceedings.23 Aliens seeking certain forms of relief from 
deportation (though not asylum) continue to be eligible for 
work authorization.
    \23\ 59 Fed. Reg. 62284 (Dec. 5, 1994).
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   D. Detention Issues Pertaining to Removal of Criminal and Illegal 
                                 Aliens

    A chief reason why many deportable aliens are not removed 
from the United States is the inability of the INS to detain 
such aliens through the course of their deportation 
proceedings. The INS plans to increase its detention space to 
about 8,500 beds in FY 1996, an increase of close to 50 
percent.24 This enables the INS to detain approximately 
100,000 aliens per year, with an average stay of 28 
days.25 Detained cases are given priority in the 
immigration system, both by immigration judges and the BIA. 
However, relatively few deportable aliens, outside of 
criminals, are detained at all. In order to manage its limited 
resources, the INS has adopted the following detention 
priorities:
    \24\ Hearing: Removal of Criminal and Illegal Aliens, supra note 
13, at 35.
    \25\ The INS reported to the Committee in December 1995 that 
approximately 83,400 aliens were detained in 6,418 funded detention 
beds in FY 1995, with an average stay of 28.3 days. Increasing the 
available beds to 8,500 actually will enable the detention of more than 
100,000 aliens, based on the same average length of stay.
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          1. Aliens convicted of crimes or identified as alien 
        smugglers;
          2. Excludable aliens, with priority to those with 
        criminal or terrorist histories or those attempting to 
        enter the United States with fraudulent documents;
          3. Deportable aliens who have committed fraud against 
        the INS, such as those who have entered with fraudulent 
        visas;
          4. Deportable aliens who have failed to appear for 
        their hearings or who have been previously ordered 
        deported;
          5. Deportable aliens apprehended while trying to 
        enter illegally;
          6. Other deportable aliens, including those working 
        illegally;
    These priorities lead to disparities of treatment among 
aliens who might be considered as having committed similar 
immigration violations. For example, an alien who is caught at 
a port of entry with a fraudulent document is more likely to be 
detained than an alien who has entered the United States on a 
nonimmigrant visa, overstayed, and been apprehended while 
working illegally. A criminal alien is likely to be detained 
for at least some period of time; an alien who has actually 
been ordered deported is unlikely to be detained at all. In 
fact, at the conclusion of a deportation proceeding, it is 
exceedingly rare that an alien is taken into custody after 
being ordered deported, unless the alien is already in INS 
detention.
    Another issue related to the release of deportable aliens 
is the use of bonds. The INA provides that bonds can be 
required for those released pending their hearings. Bond 
amounts in immigration cases are often ``absolute''--bonding 
companies are reluctant to underwrite the high risk of aliens 
failing to appear, and thus, aliens must put up the full amount 
of the bond. In addition, the INS is sometimes reluctant to set 
bonds too high because if the alien is not able to pay, the 
alien cannot be released, and a needed bed space is lost. In 
essence, in deciding to release a deportable alien, the INS is 
making a decision that the alien cannot be detained given its 
limited resources. A bond requirement under such circumstances 
is an empty threat. In addition, an alien may contest the 
amount of bond before an immigration judge.\26\
    \26\ The procedures for setting and redetermining the amounts of 
bonds is one of the most complex procedural aspects of the deportation 
and removal process.
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      E. Recent Strategies to Expedite Removal of Criminal Aliens

The Institutional Hearing Program

    The Institutional Hearing Program (IHP) is a joint effort 
between the INS, the Executive Office for Immigration Review 
(EOIR), and State and Federal correctional officials to ensure 
that alien inmates receive orders of deportation prior to the 
end of their criminal sentences. The goal is to conclude 
exclusion and deportation hearings against criminal aliens 
before they complete their prison terms, making them amenable 
to deportation upon release.\27\ The hearings are similar in 
procedure to other deportation hearings.
    \27\ Hearing: Removal of Criminal and Illegal Aliens, supra note 
13, at 183 (Statement of Gerald S. Hurwitz, Counsel to the Director, 
Executive Office for Immigration Review).
---------------------------------------------------------------------------
    The program began in 1986 after the passage of the 
Immigration Reform and Control Act. It has since expanded so 
that hearings can be held in a number of Federal facilities, 
and in every State, D.C., and Puerto Rico. The IHP expedites 
hearings in Federal prisons by centralizing the alien inmate 
populations in six facilities. In the States, IHP hearings have 
been expedited through similar patterns of centralizing inmates 
at particular facilities.
    In FY 1995, a total of 9,557 criminal aliens were removed 
from the U.S. based on completion of IHP proceedings in 
federal, state, and county facilities. A larger number were 
interviewed and processed for a final removal order. In FY 
1995, the INS and EOIR have moved to expand the IHP in 5 states 
with the largest criminal alien populations: California, 
Florida, Illinois, New York, and Texas. The expansion includes 
the permanent assignment of immigration judges and INS trial 
attorneys to IHP hearing sites. In these 5 states in FY 1995, 
approximately 24,000 foreign-born inmates were interviewed and 
approximately 15,000 removal proceedings were commenced.

Expedited administrative deportation

    Section 130004 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994) 
amended section 242A of the INA to provide for expedited 
deportation procedures for aliens convicted of aggravated 
felonies who are not lawfully admitted for permanent residence 
to the United States and are not eligible for any relief from 
deportation. Under these procedures, an INS District Director 
will be able to issue an order of deportation without the need 
for a hearing before an immigration judge. The alien shall be 
provided notice of the grounds for deportation and of his right 
to contest the deportation, and shall have the opportunity to 
inspect the evidence. The alien may not be deported for a 
period of 30 days, in order to have time to contest the order 
or seek judicial review. However, judicial review is limited to 
whether the alien: (1) has been correctly identified; (2) has 
been convicted of an aggravated felony; and (3) has been 
afforded the limited procedural rights under this new 
provision.\28\
    \28\ Final regulations to implement the administrative deportation 
process were issued in August 1995. 60 Fed. Reg. 43954 (Aug. 24, 1995).
---------------------------------------------------------------------------

Judicial deportation

    Section 224 of the Immigration and Nationality Technical 
Corrections Act of 1994 (enacted October 25, 1994) amended 
section 242A of the INA to provide that Federal judges may, at 
the time of sentencing of a criminal alien, order the alien to 
be deported. This obviates the need for a separate deportation 
proceeding. A United States Attorney must file a notice upon 
the defendant and the INS stating his or her intention to seek 
judicial deportation; the INS must concur with the United 
States Attorney's intention to seek an order of deportation. 
The alien must be provided notice of the grounds for 
deportation and the opportunity to examine the evidence and 
rebut the charges.

                          F. Alien Terrorists

    The removal of alien terrorists from the U.S., and the 
prevention of alien terrorists from entering the U.S. in the 
first place, present among the most intractable problems of 
immigration enforcement. The stakes in such cases are 
compelling: protecting the very lives and safety of U.S. 
residents, and preserving the national security. Yet, alien 
terrorists, while deportable under section 241(a)(4)(D) of the 
INA, are able to exploit many of the substantive and procedural 
provisions available to all deportable aliens in order to delay 
their removal from the U.S. In addition, alien terrorists, 
including representatives and members of terrorist 
organizations, often are able to enter the U.S. under a 
legitimate guise, despite the fact that their entry is inimical 
to the national interests of the U.S. In several noteworthy 
cases, the Department of Justice has consumed years of time and 
hundreds of thousands (if not millions) of dollars seeking to 
secure the removal of such aliens from the U.S.
    Starting in the first Administration of President Reagan, 
the Department of Justice has sought reform of immigration law 
and procedures to better enable this country to protect itself 
against the threat of alien terrorists. The chief target of 
these reforms are the statutory and administrative protections 
given to such aliens, many of which are not required by the due 
process clause of the Fifth or Fourteenth Amendment or any 
other provision of law, that enable alien terrorists to delay 
their removal from the U.S.
    The need for special procedures to adjudicate deportation 
charges against alien terrorists is manifest. Terrorist 
organizations have developed sophisticated international 
networks that allow their members great freedom of movement and 
opportunity to strike, including within the United States. 
Several terrorist groups have established footholds within 
immigrant communities in the U.S.
    The nature of these groups tend to shield the participants 
from effective counterterrorism efforts--including the most 
basic measure of removing them from our soil. The U.S. relies 
heavily upon close and continued cooperation of friendly 
nations who provide information on the identity of such 
terrorists. Such information will only be forthcoming if its 
sources continue to be protected. Thus, it is essential to the 
national security of the U.S. that procedures be established to 
permit the use of classified information in appropriate cases 
to establish the deportability of an alien terrorist.
    Such procedures also must be crafted to meet constitutional 
requirements. The government's efforts to safeguard lives and 
property and to protect the national security may be contested 
on the grounds that they conflict with the procedural rights of 
aliens. The interests of the government must therefore be 
balanced against the legitimate rights of those privileged to 
be present within the United States.\29\
    \29\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 U.S. 
787 (1975); Jean v. Nelson, 472 U.S. 846, aff'g, 727 F.2d 957 (11th 
Cir. 1984); Kleindienst v. Mandel, 408 U.S. 753 (1972) (alien's 
presence in U.S. is privilege extended by Congress and not fundamental 
right.) See also Alvarez v. INS, 539 F.2d 1220 (9th Cir.), cert. 
denied, 430 U.S. 918 (1976) (applying rational basis test to equal 
protection claim for impermissible classification of aliens).
---------------------------------------------------------------------------

                III. Employer Sanctions and Verification

    The availability of jobs in the U.S. economy is a primary 
magnet for illegal immigration. The employment of illegal 
aliens, in turn, causes deleterious effects for U.S. workers.
    First, illegal immigrants by and large are attracted to 
America by the lure of jobs. As Vernon M. Briggs, Jr., 
professor of labor economics at Cornell University, stated in 
testimony before the Subcommittee on Immigration and Claims on 
April 5, 1995, ``It has long been conceded that the driving 
force behind illegal immigration is access to the U.S. labor 
market.'' \30\ The U.S. Commission on Immigration Reform 
stated:
    \30\ ``Impact of Illegal Immigration on Public Benefit Programs and 
the American Labor Force: Hearing Before the Subcomm. on Immigration 
and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st 
Sess. (1995) (Statement of Vernon M. Briggs, Jr.).

          Employment opportunity is commonly viewed as the 
        principal magnet which draws illegal aliens to the 
        United States. Since the beginning of U.S. history, 
        foreigners have come to the United States in search of 
        a better life. Whatever initially motivated them to 
        come here, they often ended up seeking and finding 
        employment. For years, U.S. policy tacitly accepted 
        illegal immigration, as it was viewed by some to be in 
        the interests of certain employers and the American 
        public to do so.\31\
    \31\ 1994 Commission Report at 88 (1994).

This ``tacit acceptance'' of illegal immigration was reflected 
in the fact that, until the last decade, no law prohibited the 
employment of illegal aliens. The Select Commission on 
Immigration and Refugee Policy (1981) stated that ``[a]s long 
as the possibility of employment exists, men and women seeking 
economic opportunities will continue to take great risks to 
come to the United States, and curbing illegal immigration will 
be extremely difficult.'' \32\ The Select Commission concluded 
that economic deterrents--specifically, a law prohibiting the 
hiring of undocumented or illegal aliens--were necessary to 
curb illegal immigration.
    \32\ 1981 Select Commission Report, supra note 1, at 59.
---------------------------------------------------------------------------
    Second, employment of illegal aliens is having a 
detrimental effect on low skilled American workers. Professor 
Briggs testified further that:

          Every study of illegal immigration of which I am 
        aware has concluded that it is the low skilled sector 
        of the U.S. labor force that bears the brunt of the 
        economic burden. For illegal immigrants are 
        overwhelmingly found in the secondary labor market of 
        the U.S. economy. This segment of the labor market is 
        characterized by jobs that require little in the way of 
        skill to do them and the workers have little in the way 
        of human capital to offer. The concentration of 
        illegals in the secondary labor market occurs because 
        most of the illegal immigrants themselves are 
        unskilled, poorly educated, and non-English speaking 
        which restricts the range of jobs . . . they can seek. 
        . . . Although occupational definitions vary, it can be 
        crudely estimated that about one quarter to one-third 
        of the U.S. labor force are employed in jobs that are 
        predominately concentrated in the secondary labor 
        market. This high percentage certainly belies the claim 
        that U.S. citizens and resident aliens will not work in 
        these low skilled occupations.\33\
    \33\ See Briggs testimony, supra note 30.

Dean Frank Morris of Morgan State University concluded at the 
same hearing that ``it is time that the labor market effects, 
especially the labor market effects of illegal immigration on 
African Americans and other low income workers be addressed as 
a top priority.'' \34\ More recently, a paper from the Bureau 
of Labor Statistics reported that immigration accounts for as 
much as 50 percent of the decline in real wages of high school 
dropouts, and for approximately 25 percent of the increase in 
the wage gap between low- and high-skilled workers.\35\
    \34\ ``Impact of Illegal Immigration on Public Benefit Programs and 
the American Labor Force: Hearing Before the Subcomm. on Immigration 
and Claims of the House Comm. on the Judiciary,'' 104th Cong., 1st 
Sess. (1995) (Statement of Frank Morris).
    \35\ David A. Jaeger, ``Skill Differences and the Effect of 
Immigrants on the Wages of Natives,'' U.S. Dep't of Labor, Bureau of 
Labor Statistics, Office of Employment Research and Program 
Development, Working Paper 273 (Dec. 1995).
---------------------------------------------------------------------------

The Immigration Reform and Control Act

    Laws against the employment of illegal aliens (``employer 
sanctions'') were considered by Congress as early as the 1952 
Immigration and Nationality Act. The endorsement by the Select 
Commission in 1981 provided a strong impetus for the passage of 
such measures, and employer sanctions became a part of the 
Simpson-Mazzoli immigration reform bill, eventually enacted as 
the Immigration Reform and Control Act of 1986 (IRCA).
    IRCA's employer sanctions and verification provisions 
prohibit employers from knowingly hiring aliens who are not 
authorized to work in the United States.36 IRCA also 
requires that employers verify the employment eligibility and 
identity of all new employees by examining documents provided 
by new employees, and by completing the Employment Eligibility 
Verification Form (INS Form I-9). IRCA also prohibited 
discrimination in employment based on national origin or 
citizenship status, except with respect to persons not 
authorized to work in the United States.37 Enforcement of 
the IRCA provisions, however, has been hampered by rampant use 
of fraudulent documents, confusion on the part of employers, 
and continued access by illegal aliens to jobs and public 
benefits.38
    \36\ Title I of Pub.L. 99-603, Nov. 6, 1986, as amended, enacting 
section 274A of the Immigration and Nationality Act (INA). The 
penalties include fines from $100 to $1000 per individual for 
``paperwork'' violations (failure to properly complete the Form I-9); 
fines of $250 to $10,000 for knowingly hiring, continuing to employ, 
recruiting, or referring an unauthorized alien to work; and criminal 
penalties for engaging in a pattern or practice of violating the 
employer sanctions provisions.
    Generally, those unauthorized to work are illegal aliens and 
holders of certain nonimmigrant visas that do not permit employment. 
However, one may be a ``legal alien'' (for example someone who is 
present legally in the United States pursuant to a type of nonimmigrant 
visa that does not authorize employment) but not be authorized to work. 
Similarly, one can be an illegal alien, but be authorized to work. 
(This latter category would include certain asylum applicants and 
aliens awaiting completion of deportation proceedings.) Lawful 
permanent residents are always authorized to work.
    \37\ Section 102 of IRCA, adding section 274B of the INA. Section 
274B provides for creation within the Department of Justice of a 
Special Counsel for Immigration-Related Unfair Employment Practices 
(``Special Counsel'' or ``OSC''). The Special Counsel employs 
approximately 14 attorneys and 3 investigators to investigate charges 
of discrimination received from the public. The Immigration Act of 1990 
increased the fines that may be imposed for discrimination violations 
to levels equivalent to those imposed for employer sanctions 
violations.
    \38\ See generally ``Verification of Eligibility for Employment and 
Benefits: Hearing Before the Subcomm. on Immigration and Claims of the 
House Comm. on the Judiciary,'' 104th Cong., 1st Sess. (March 30, 
1995).
---------------------------------------------------------------------------

Work eligibility documents and document fraud

    The 29 documents that may be used to establish 
identification and eligibility to work are divided by statute 
and regulation into three categories:
          So-called ``A List'' documents establish both work 
        eligibility and identification. An employee producing 
        one of these 12 documents does not need to produce any 
        other document.39
    \39\ These include a U.S passport, certificate of citizenship, 
certificate of naturalization, Alien Registration Receipt Card (I-151) 
or Resident Alien Card (I-551--``Green Card''), unexpired foreign 
passport stamped by the INS to indicate employment authorization, 
Temporary Resident Card (INS Form 688), Employment Authorization Card 
(Form I-688A), reentry permit (Form I-327), Refugee Travel document 
(Form I-571), employment authorization document issued by INS bearing a 
photograph. See 8 C.F.R. 274a.2(b)(1)(v)(A).
---------------------------------------------------------------------------
          ``B List'' documents establish identity only. The 
        most common document produced from this list is the 
        driver's license.40
    \40\ There are 10 such documents, including a state driver's 
license or identification card with a photograph or identifying 
information, a school ID card with photograph, a voter registration 
card, and a U.S. military or dependent's ID card. See 8 CFR 
274a.2(b)(v)(B).
---------------------------------------------------------------------------
          ``C List'' documents establish employment eligibility 
        only. The most common documents produced from this list 
        are birth certificates and the social security 
        card.41
    \41\ There are 7 such documents, including the social security 
card, a certificate of birth abroad issued by the Department of State, 
an original or certified copy of a birth certificate, or an employment 
authorization card issued by the INS, but not included in List A. See 8 
CFR 274a.2(b)(v)(C).
---------------------------------------------------------------------------
    The employer's responsibility is limited to determining 
whether or not the documents ``appear'' to be genuine; they are 
allowed a good faith defense and are not liable for verifying 
the validity of the documents. However, employers are the 
initial enforcers of the employment eligibility restrictions.
    The number of permissible documents has long been subject 
to criticism. The INS published a proposed regulation in 1993 
(with a supplement published on June 22, 1995) to reduce the 
number of documents from 29 to 16. This proposal, however, does 
not reflect the consensus of opinion that documents should be 
reduced even further, and that documents that are easily 
counterfeited should be eliminated entirely.
    The problem of document fraud is pervasive. Social security 
cards, birth certificates, and the alien registration cards 
(``green cards'') are the most commonly used employment 
eligibility documents. They are also the ones most prone to 
counterfeit, the incidence of which has increased sharply since 
the passage of IRCA. Birth certificates, even if issued by 
lawful authority, may be fraudulent in that they do not belong 
to the person who has requested that one be issued. This 
problem is exacerbated by the large number of authorities--
numbering in the thousands--that issue birth certificates.

Enforcement issues

    A majority of employers comply with both the employment 
restriction and verification requirements of IRCA. 
Nevertheless, enforcement of employer sanctions has been beset 
by difficulty from the start. Among the chief problems have 
been:
          The fact that workers may present any of a large 
        number of documents, some of which may be obscure or 
        unfamiliar, in order to establish the worker's 
        identification and eligibility to be employed;
          A proliferation of fraudulent documents, particularly 
        birth certificates, social security cards, drivers' 
        licenses, and INS work authorization cards, that are 
        used to establish identity and eligibility to be 
        employed;
          Employer confusion regarding the requirements for 
        verification of work eligibility;
          Allegations that fear of liability for hiring 
        unauthorized workers has led some employers to 
        discriminate against job applicants who appear to be 
        foreign-born;
          Tepid enforcement efforts by the INS on the hiring of 
        unauthorized workers and an overemphasis on paperwork 
        violations (failure to fully or correctly complete the 
        I-9 form).
    Employers also report feeling trapped between the work 
verification and anti-discrimination provisions of IRCA. ``As a 
result of inconsistent and confused government regulations, 
policies or pronouncements, compliance with one of these 
precepts sometimes inevitably means violation of the other.'' 
42 As a result, some businesses take a less aggressive 
posture in identifying fraudulent documents, and thus hire 
(even if unknowingly) aliens not authorized to work.
    \42\ Hearing before the Subcomm. on Immigration, Refugees, and 
International Law of the House Comm. on the Judiciary, 103rd Cong., 2d 
Sess. 83-84 (Oct. 3, 1994) (statement of Daryl Buffenstein, President-
Elect of the American Immigration Lawyers Association).
---------------------------------------------------------------------------

                         iv. legal immigration

                A. Sources of Current Immigration Policy

    Legal immigration to the United States has steadily 
increased from the end of the Second World War (during which 
virtually no immigration took place) to the current decade, in 
which an average of nearly 1,000,000 persons have legally 
immigrated (or been granted permanent resident status) each 
year. During that time, the composition of the immigration 
population also has changed. Between 1941 and 1960, the top 
five countries sending immigrants to the United States were 
Germany, Canada, Cuba, the Philippines, and the United Kingdom. 
From 1981 to 1993, the top five were Mexico, the Philippines, 
China, Korea, and Vietnam.
    These changes in immigration are due in large part to three 
major legislative enactments.

The Immigration Act of 1965

     The Immigration Act of 1965, Pub. L. 89-236, abolished the 
national origins quota system established by the Immigration 
Act of May 26, 1924. The 1924 law prohibited virtually all 
immigration from Asian countries and imposed quotas on non-
Western Hemisphere countries. These measures were intended to 
preserve the ethnic balance existing in the country at the time 
of the 1890 census. As a result, Southern and Eastern 
Europeans, who had comprised the majority of immigration during 
the period 1901-1920, were largely excluded under the quota 
system. Immigration from the Western Hemisphere, however, was 
virtually unrestricted.
    In place of the national origins quota system, the 1965 Act 
established a system based on overall ceilings and preference 
categories. There was an annual ceiling of 170,000 on Eastern 
Hemisphere immigration with a 20,000 per country limit. Within 
these restrictions, immigrant visas were distributed according 
to a seven-category preference system placing priority, in 
order, on family reunification, needed skills, and refugees. 
The 1965 law also provided that Western Hemisphere immigration 
would be limited by an annual ceiling of 120,000, without per-
country limits or a preference system. Congressional amendments 
in 1976 extended the per-country limits and preference system 
to the Western Hemisphere, and in 1978 established a single 
worldwide immigrant ceiling of 270,000, exclusive of refugees.
    The principal effects of the 1965 law and these amendments 
were to make family unification the dominant principle of 
United States immigration law, and to change the ethnic 
composition of immigration. By the mid-1980s, nearly 75 percent 
of all legal immigrant admissions were admitted as immediate or 
extended family members. In addition, 85 percent of immigrants 
now come from Asia, Latin America (including Mexico), Oceania, 
and Africa; 15 percent came from Europe and Canada.

The Refugee Act of 1980

    The next major change in immigration law was the Refugee 
Act of 1980 (Pub. L. 96-212). The law removed refugee 
admissions from the preference system and established a system 
whereby the President, after ``appropriate consultations,'' 
establishes the number of refugees to be admitted in a given 
year. The law also enacted section 208 of the INA, requiring 
the Attorney General to establish a procedure for granting 
asylum to persons present in the United States or at our 
borders who meet the definition of refugee.
    During the past 15 years, the number of refugees admitted 
from overseas has increased. A record 354,000 refugees arrived 
in the United States in 1980, which included approximately 
150,000 Cuban marielitos and large numbers of Southeast Asian 
refugees. A record 155,000 refugees adjusted to permanent 
resident status in 1982. A yearly average of 110,000 refugees, 
and an additional 11,000 asylees, adjusted to permanent 
resident status in 1990 through 1994. The Administration has 
projected that there will be 90,000 refugee admissions in FY 
1996, with a gradual decrease to 50,000 per year later in the 
decade.43
    \43\ U.S. Commission on Immigration Reform, Legal Immigration: 
Setting Priorities 136 (1995) (Hereinafter referred to as 1995 
Commission Report).
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    The number of asylum applications has increased more 
dramatically, from approximately 30,000 in the early 1980s to 
150,000 per year by the early 1990s. Most of these were 
meritless applications filed by illegal aliens in order to 
prolong their stay in the U.S. and to receive work 
authorization. Thus, abuse of the asylum system has had a 
profound effect on illegal immigration. On the other hand, 
legitimate use of the asylum system has not dramatically 
increased the amount of legal immigration: the number of 
persons granted asylum each year has been 15,000-20,000 or 
less. The asylum reform regulations effective in January 1995 
were intended to discourage the filing of nonmeritorious asylum 
applications by illegal immigrants and to expedite the removal 
of applicants who are denied. The number of asylum applications 
has significantly declined since these regulations went into 
effect.

The Immigration Reform and Control Act of 1986

    The Immigration Reform and Control Act of 1986 (IRCA) 
included a program for legalization of long-term resident 
illegal aliens that will affect the flow of legal immigration 
for years to come. IRCA's legalization program included aliens 
who had resided continuously in the United States in an 
unlawful status since before January 1, 1982. In addition, the 
Special Agricultural Workers program provided for the 
legalization of certain agricultural workers (SAWs) present in 
the United States during 1985 and 1986. Approximately 2.7 
million persons received lawful permanent resident status 
through the legalization program in 1989 through 1993: about 
1.6 million as long-term illegal resident aliens and 1.1 
million as SAWs. While these numbers do not represent new 
admissions to the United States, the beneficiaries of 
legalization gain the ability to petition for relatives under 
the family preference system.

The Immigration Act of 1990

    The Immigration Act of 1990 included the first 
comprehensive reform of the legal immigration system since the 
Immigration Act of 1965. Major changes included a separation of 
family preference and employment-based preference categories, 
an increase in total immigration under an overall pierceable 
cap, an increase in employment-based immigration from 54,000 to 
140,000, and a provision for the admission of ``diversity 
immigrants'' from countries that have been underrepresented in 
United States immigration since 1965.
     Serious consideration of changes in the system established 
in 1965 began with the report of the Select Commission in 1981. 
Legislation was introduced in the Senate after the passage of 
IRCA that would have lessened the dominance of family-based 
immigration and provided more opportunity for ``traditional 
immigrants''--those without family ties in the United States.
    As a result of the 1990 Act, there is now a worldwide 
annual level of at least 675,000 immigrants, not including 
refugees and several other categories. Of this total, 480,000 
are family-related immigrants, 140,000 are employment-based 
immigrants, and 55,000 are diversity immigrants. In the family-
related category, there is no limit on the number of immediate 
relatives (spouses, unmarried minor children, and parents) of 
United States citizens who can be admitted in a given year. The 
number of admissions for immediate relatives of citizens counts 
against the total of 480,000 to a ``floor'' of 226,000; that 
is, at least 226,000 immigrant visas are reserved for other 
family preference categories, including unmarried (adult) sons 
and daughters of citizens (allocation=23,400), spouses and 
children of permanent resident aliens (114,200), married sons 
and daughters of citizens (23,400), and brothers and sisters of 
adult citizens (65,000).
    The 1986 amnesty provisions and the increases in the 1990 
act have resulted in high levels of admissions in recent years. 
The highest admissions level, including amnestied aliens 
adjusting to lawful status, occurred in 1991: 1,827,167. The 
highest admissions figure not counting amnestied aliens 
occurred in 1993: 880,014.

                B. The Need for Legal Immigration Reform

    Congress has the Constitutional task to set immigration 
policy in the national interest. As a result of legislation 
enacted in 1965, 1986, and 1990, the United States has 
dramatically increased overall levels of legal immigration. 
During the past 15 years, we have admitted or legalized almost 
12 million immigrants: an average of 733,000 each year legal 
immigrants were admitted or legalized from 1981-1990, and a 
whopping 1.13 million per year from 1991-1994. These numbers 
include the amnesty granted to 2.7 million illegal aliens under 
the 1986 Immigration Reform and Control Act. There is no 
comparable sustained period of immigration growth in American 
history.
    Such large increases in immigration create problems as well 
as opportunities for the American society and economy. The 
Commission on Immigration Reform noted that ``immigrants often 
are a bright spot in today's all too often bleak urban 
environment,'' and that in areas where they concentrate, 
immigrants ``frequently establish new businesses and other 
employment-generating activities that promote the renewal of 
city neighborhoods and commercial districts.'' 44 On the 
other hand, immigration has costs as well, many related to the 
fact that such a preponderance of immigrants (close to 9 
million since 1980) are admitted without reference to their 
level of education or skills. The current cohort of immigrants 
is far more likely to have less than a high-school education 
than native-born Americans. This can have the effect of 
flooding the labor market for unskilled work, as well as 
creating pockets of impoverished immigrants who will be less 
likely to assimilate into the broader American society.45 
The rise of immigrant-based organized crime groups suggests 
that screening of potential immigrants is not as rigorous as it 
ought to be. These negative impacts are most keenly felt in the 
handful of States in which a vast majority of immigrants choose 
to live, 46 and, ironically, cause most direct harm to 
recent immigrants.47 Legal immigration policy must strike 
a proper balance so that these problems do not overwhelm the 
opportunities that immigration brings to the nation, and result 
in job loss and displacement for American workers.
    \44\ 1995 Commission Report at 20.
    \45\ 1995 Commission Report at 25.
    \46\ Seventy percent of legal immigrants intend to live in the six 
states of California (25.8 percent); New York (18.0); Texas (7.3); 
Florida (6.9); New Jersey (5.5), and Illinois (5.3). 1995 Commission 
Report at 15-16.
    \47\ 1995 Commission Report at 27.
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    There also are legitimate concerns that the Government's 
and society's capacity for admitting, assimilating, and 
naturalizing immigrants have been strained by current levels of 
legal immigration. Again, these problems are heightened in 
high-immigration States. Our education system, for example, is 
burdened by the needs of immigrants who either are not 
proficient in English or illiterate in their own language or 
both. In Los Angeles county, education is provided in over 70 
languages at a larger ``per student'' cost to the taxpayer. 
While we should expect a great deal of diversity in 
immigration, the U.S.'s capacity to absorb immigrants is not 
unlimited.

Reform of family-based immigration

    Family-based immigration is the dominant category of 
immigration growth. Demand in these categories has grown 
dramatically due to the beneficiaries of legalization under 
IRCA obtaining permanent resident status, and in some cases 
citizenship, thus allowing them to petition for relatives 
abroad. In FY 1994, for example, 497,000 family-sponsored 
immigrants were admitted, as opposed to 123,000 employment-
based immigrants. Many of these employment-based immigrants 
were the spouses and children of the principal immigrants 
admitted for employment purposes. In addition, a significant 
portion of refugee admissions and asylum adjustments (121,000 
in 1994) consist of the relatives of principal refugee 
applicants. The primary beneficiaries of family-sponsored 
immigration are the families of recently-arrived immigrants, 
not of native-born U.S. citizens. This, combined with the share 
of family-sponsored immigration, means that most immigrants are 
admitted solely on the basis of their relationship to another 
immigrant.
    Supporters of family unification as an objective in 
immigration policy state that this pattern of immigration, in 
addition to serving the humanitarian interest in keeping 
families intact, helps immigrants to establish networks and put 
down roots that make them more productive members of society. 
However, because current family unification policy also permits 
the creation of migration ``chains''--immigrants petitioning 
for their parents and brothers and sisters, who may in turn 
petition for their children and other relatives--family 
immigration has become a form of entitlement that may crowd out 
other types of immigration that would be equally or more 
beneficial to American society. In addition, ``chain 
migration'' allows the demand for family immigration to grow 
exponentially.
    The availability of ``chain migration'' not only distorts 
the selection criteria for legal immigrants, but may add 
additional incentive for people to attempt illegal immigration 
to the U.S. There is growing evidence that some families 
overseas pool their resources to pay the smuggling fee for one 
family member to illegally enter the U.S., in the hope that 
this family member will eventually gain legal status, and be 
able to petition for other family members.48
    \48\ See, e.g., William Branigin, ``A Cottage Industry of 
Counterfeit People and Papers,'' Wash. Post, Nov. 25, 1995, A1, A12.
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    There are other compelling signs that this aspect of the 
legal immigration system is broken and in need of repair. Since 
1965, family unification has been a primary goal of our 
immigration policy. Currently, however, there is a backlog of 
1.1 million spouses and minor children of lawful permanent 
residents waiting for admission or for legal status. This means 
that many legal resident aliens are physically separated from 
their husbands, wives, and children for up to four years, and 
those applying today may wait up to 10 years. Even if the 
spouses and minor children are present in the U.S., their 
immigration status is uncertain.
    The basic failure of the current system, therefore, is that 
while it sets preferences, it fails to set priorities. For 
example, with a finite number of immigrant admissions, numbers 
allocated to brothers and sisters and other categories mean 
fewer numbers are allocated to the spouses and minor children 
of lawful permanent residents. The number of visas now used to 
admit brothers and sisters and adult children should be used 
instead to reduce the backlog for nuclear family members.
    The preservation of the nuclear family, therefore, should 
continue to be a cornerstone of U.S. immigration policy. The 
same priority cannot be given, and should not be given, to the 
admission of brothers and sisters and adult sons and daughters, 
solely on the basis of their family relationship to an 
immigrant. When an adult leaves his native land to emigrate to 
America, he or she makes a decision to be separated from 
brothers and sisters, parents, and adult children. We realize 
that this is a difficult decision in many cases, but 
ultimately, it is a decision that the immigrant has made.
    Immigration policy cannot and should not attempt to soften 
the blow by holding out the hope that these adult family 
members will be eligible to immigrate to the U.S. Clear 
evidence of this fact are the enormous backlogs that now exist 
in virtually all extended family categories. As of January 
1994, the State Department estimates the following number of 
persons waiting for admission to the U.S.: (1) unmarried adult 
sons and daughters of U.S. citizens: 63,499 (current law allows 
23,400 annual admissions); (2) unmarried adult sons and 
daughters of permanent resident aliens: 450,579 (36,266 annual 
admissions); (3) married adult sons and daughters of U.S. 
citizens: 257,110 (23,400 annual admissions); and (4) brothers 
and sisters of U.S. citizens: 1,643,463 (65,000 annual 
admissions). To clear out these backlogs, immigration law would 
have to provide up to an additional 2.4 million visas: a 
dramatic increase in legal immigration at a time when 
stabilization of immigrant numbers is called for. To compound 
the problem, these 2.4 million immigrants could petition for 
admission of their relatives, thus raising demand on the legal 
immigration system to an unprecedented level and creating new, 
exponentially larger backlogs.
    Excessive backlogs in these admission categories undermine 
the credibility and integrity of U.S. immigration policy 
because they hold out a promise of opportunity to immigrate 
that cannot be met in the foreseeable future. For most, the 
opportunity to immigrate to the U.S. as the adult relative of a 
citizen or lawful permanent resident is theoretical at best: a 
newly-arriving immigrant or newly-naturalized citizen can 
expect to wait 10 years, or longer in many cases, from the time 
an immigrant visa petition is filed for his or her relative to 
the time a visa for that relative becomes available. Thus, 
these categories often do not create an opportunity to 
immigrate, but an opportunity to wait in line. Some do not wait 
their turn, but instead immigrate illegally to the U.S., hoping 
(and in many cases succeeding) to wait here until their visa 
number becomes available. Thus, the unrealistic expectations 
created by the failure to set firm priorities in the system of 
legal immigration causes further incentive for illegal 
immigration.
    Finally, the permanent excessive demand on the immigration 
system represented by these backlogs makes it difficult if not 
impossible to alter course and give greater priority to 
immigration categories that are more closely tied to the 
national interest. We can sympathize with people who have been 
waiting in line and may no longer be eligible for admission. 
But immigration is a privilege, not a right, and not all those 
eligible at one time for a visa can be guaranteed to receive 
one. Otherwise, immigration policy would be forever ``locked 
in'' to decisions and priorities of the past.

Reform of employment-based immigration

    A reformed legal immigration system should make generous 
provision for the admission of highly-skilled and educated 
workers who will bring needed expertise to the American 
economy. For the most part, business immigration serves 
important economic and social objectives. It gives employers 
access to the increasingly global labor market and enables 
pursuit of international business opportunities, expansion in 
international markets, and overall enhancement of 
competitiveness. Business immigration can also expand job 
opportunities for U.S. workers by admitting top-flight talent 
which helps maintain U.S. leadership in developing 
technologies.
    At the same time, business immigration policies must 
protect U.S. workers from displacement or adverse effects on 
wages and working conditions. The labor certification process 
is the primary means to meet this objective. However, it should 
be recognized that a large influx of workers in and of itself 
may have some negative economic impacts. The admission of less-
skilled workers, for example, may hurt the domestic labor force 
by increasing competition for scarce jobs at the lower end of 
the economic ladder.49 Thus, the current system ill-serves 
the American economy by allowing for the admission of 10,000 
unskilled workers per year. This is particularly true since 
large numbers of unskilled workers are admitted through the 
family-based and humanitarian categories each year.
    \49\ One recent government study found that immigration accounted 
for roughly half of the decline in real wages among workers with less 
than a high school education. See David Jaeger, ``Skill Differences and 
the Effect of Immigrants on the Wages of Natives,'' U.S. Department of 
Labor, Bureau of Labor Statistics, Working Paper 273 (Dec. 1995).
---------------------------------------------------------------------------
    In addition, the business immigration categories should 
more clearly define those immigrants who, for the sake of 
protecting the American work force, can only be admitted after 
their sponsoring employer completes the labor certification 
process.50 Under current law, aliens with advanced degrees 
or exceptional ability must have a job offer and are subject to 
the labor certification process. However, these requirements 
can be waived when admission of the alien is deemed by the INS 
to be ``in the national interest.'' The problem is that the 
statute fails to define what constitutes the national interest, 
which has led to absurd results: among the aliens admitted on 
the national interest waiver in recent years are a golf course 
designer, a deer farmer, a children's musician, and numerous 
corporate employees whose only claim to ``national interest'' 
is improving the profitability of their own companies. All of 
these persons were presumably eligible for admission to the 
U.S., but it appears doubtful that waiver of the labor 
certification process was required by any national interest.
    \50\ See INA Sec. 212(a)(5)(A)(i).
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Reform of refugee admissions

    The current level of refugee admissions, which has exceeded 
100,000 per year for the past decade, is set by the President 
and reviewed by Congress through the consultation process 
established in the Refugee Act of 1980. A prime difficulty with 
this process is that Congress has virtually no influence in 
setting the refugee admissions numbers or allocations for any 
given fiscal year. The required consultations often take place 
weeks, if not days, before the start of the fiscal year, thus 
rendering moot the opportunity for meaningful input.
    The Refugee Act of 1980 51 was intended to establish a 
comprehensive yet flexible procedure for the admission and 
resettlement of refugees in the United States.52 To this 
end, Congress delegated authority for setting the number and 
allocation of refugee admissions to the President.53 At 
the same time, Congress retained for itself a broad 
consultative role in the process.54
    \51\ Pub. L. No. 96-212, 94 Stat. 102, in part adding INA 
Sec. Sec. 101(a)(42), 207-209, 411-414, 8 U.S.C. Sec. Sec. 1101(a)(42), 
1157-1159, 1521-1524.
    \52\ See, e.g., H.R. Rep. No. 96-608, 96th Cong., 1st Sess. 1 
(1979) [hereinafter House Report 96-608].
    \53\ INA Sec. 207(a), (b), 8 U.S.C. Sec. Sec. 1157(a), (b).
    \54\ Id.
---------------------------------------------------------------------------
    Under section 207(d) of the INA, the President must consult 
with certain members of the House and Senate Judiciary 
Committees prior to making any of the following determinations: 
setting the number of refugee admissions for the upcoming 
fiscal year; allocating refugee admissions within this overall 
number; that there exists an unforeseen refugee emergency 
situation justifying the admission of additional refugees over 
the limit for the current fiscal year; and allocating emergency 
refugee admissions.
    In addition to these consultation provisions, section 
207(d)(1) requires the President to report annually to the 
Judiciary Committees on anticipated allocations and to provide 
for periodic consultation between the President's 
representatives and members of those committees on the possible 
need for adjustments in the current allocation. Neither the 
allocation provision nor the report and discussion provision 
expressly confers authority to reallocate admissions or sets 
forth the procedures to be followed in effectuating a 
reallocation.
    The Refugee Act of 1980 intended to provide Congress with a 
meaningful role in the process of determining refugee 
admissions. In the words of former Representative Elizabeth 
Holtzman, then Chair of the House Subcommittee on Immigration, 
Refugees and International Law, ``Importantly, for the first 
time, the bill requires that Congress be consulted before 
refugees are admitted, and spells out in detail the elements of 
that consultation.'' 55 Additionally, the Report of the 
House Committee on the Judiciary regarding the Refugee Act of 
1980 stated the following:
    \55\ 125 Cong. Rec. H11966, H1167 (daily ed. Dec. 13, 1979) 
(statement of Rep. Holtzman).

          The Committee has made every effort to assure that 
        Congress has a proper and substantial role in all 
        decisions on refugee admissions. In the past, the 
        Attorney General's consultation with this committee 
        regarding admissions has been merely a matter of 
        courtesy or custom. * * * The Committee cannot 
        overemphasize the importance it attaches to 
        consultation. The Congress is charged under the 
        Constitution with the responsibility for the regulation 
        of immigration, and this responsibility continues with 
        respect to refugee admissions.56
    \56\ House Report 96-608 at 12-14 (1979).

    In the past several years, the refugee consultation process 
has devolved into a single meeting between the Executive Branch 
and the House and Senate Judiciary Committees near the end of 
the fiscal year--the very type of process which the 1980 Act 
expressly rejected. As an example, the refugee consultation for 
fiscal year 1996 occurred in the middle of September 1995--two 
weeks prior to the beginning of fiscal year 1996. The failure 
of the Administration to consult with Congress on the number 
and allocation of refugee admissions until just prior to the 
beginning of the fiscal year meant that the series of 
discussions between the President and Congress called for in 
section 207(d)(1) of the INA did not take place.
    The current process of determining refugee admissions does 
not provide Congress with a meaningful role in this process, as 
intended in the Refugee Act of 1980. The number of refugee 
admissions for a particular fiscal year should not be set 
unilaterally by the President. As former Chairwoman Holtzman 
stated: ``* * * there is no substitute for public scrutiny, 
public disclosure, public debate on an issue of such importance 
as the admission of refugees to the United States.'' 57 
The only way to have an adequate public debate on the issue of 
refugees is to give Congress a more meaningful role in 
determining number and allocation of refugee admissions.
    \57\ 125 Cong. Rec. H37203 (daily ed. Dec. 20, 1979).
---------------------------------------------------------------------------
    Some may argue that Congress exercises adequate control 
over the numbers of refugees admitted through its power over 
the appropriations process. However, it is virtually impossible 
for Congress to reduce the number of refugees admitted by 
failing to fund programs for persons often already in this 
country or whom the President has already promised to admit. In 
the past, attempts by Congress to exercise control over refugee 
admissions through the appropriations process have only 
resulted in shifting a majority of the costs for resettling 
refugees to the State and local levels. Reducing federal 
funding for refugee resettlement has had no effect on the 
number of refugee admissions.
    Congress also should re-assess the appropriate level of 
refugee resettlement in the United States. The United Nations 
High Commissioner for Refugees has estimated that the total 
population of refugees requiring resettlement may be under 
50,000 per year. Even if the U.S. took half or more of this 
number, it would be much less than our current refugee 
admissions, which have averaged over 100,000 in recent years.
    In addition, the U.S. admits large numbers of persons, 
particularly from the former Soviet Union, who would not be 
considered ``refugees'' by the UNHCR. In fact, the vast 
majority of refugees admitted to the U.S. in recent years have 
been admitted under a program which establishes a threshold for 
determining refugee status that is lower and thus significantly 
more generous than that contained in the INA or in 
international law.58 Without this program, U.S. refugee 
admissions would be significantly below the 50,000 target 
originally established in the Refugee Act of 1980. The U.S. 
refugee programs in the former Soviet Union and Vietnam are 
expected to phase out during the next few years, leading the 
State Department to project that the Administration's refugee 
target will be 50,000 by FY 1998. Thus, under the State 
Department's plans, there would be no need for additional 
legislation authorizing higher refugee admissions should the 
provisions of this bill be enacted.
    \58\ The so-called Lautenberg Amendment--named after its author, 
Sen. Frank Lautenberg (D-N.J.)--allows certain residents of the former 
Soviet Union and Southeast Asia to be deemed refugees by merely 
asserting, not establishing, a fear of persecution. See Sec. Sec. 599D, 
599E, Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Pub. L. 101-167, Nov. 21, 1989), as amended 
by Sec. 598 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990, (Pub. L. 101-513, Nov. 5, 1990), the 
Miscellaneous Technical Immigration and Naturalization Amendments of 
1991, (Pub. L. 102-232, Dec. 12, 1991), Sec. 582 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1993 (Pub. L. 102-391, Oct. 6, 1992), Sec. 905 of the FREEDOM Support 
Act (Pub. L. 102-511, Oct. 24, 1992), Sec. 512 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Pub. L. 103-236, April 
30, 1994), and Sec. 219(bb) of the Immigration and Nationality 
Technical Corrections Act of 1994 (Pub. L. 103-416, 108 Stat., Oct. 25, 
1994)); 8 U.S.C. 1157 note. The standard applied to all other 
applicants is whether the applicant has demonstrated a well-founded 
fear of persecution. See INA Sec. 101(a)(42). See also Article I of the 
Protocol Relating to the Status of Refugees, 19 UST 6223, TIAS 6577 
(1968).
---------------------------------------------------------------------------

Reform of asylum

    The asylum system established in the 1980 Refugee Act has 
provided protection to thousands of legitimate claimants, but 
has been subject to abuse by tens of thousands more who filed 
non-legitimate claims simply in order to extend their stay in 
the U.S. and to receive work authorization. Recently, as many 
as 140,000 ``affirmative'' asylum applications have been filed 
per year with the INS. This is in addition to the thousands of 
``defensive'' asylum applications filed by aliens in exclusion 
and deportation proceedings. The INS has been able to resolve 
only one-third of these new filings in recent years, meaning 
that a huge backlog of claims, over 400,000, had developed by 
the end of FY 1994.
    The Administration has taken significant steps to resolve 
these problems, principally through regulations effective in 
January 1995. Under these new rules, asylum applicants no 
longer will be eligible for work authorization unless they are 
granted asylum or there are unusual delays in completing 
adjudication of their claims. Asylum claims are scheduled for 
interview within 45 days of the application. The asylum officer 
will either grant the claim, or refer the case without decision 
to an immigration judge. (The vast majority of asylum 
applicants are not lawfully present in the U.S., and under the 
administrative reforms, the final decision on referred cases 
will be made by the immigration judge in the context of a 
deportation proceeding.) The entire system is streamlined, with 
the objective of completing proceedings before the immigration 
judge within 180 days of the original application.
    These reforms are a strong step in the right direction, and 
have apparently resulted in a 50 percent or greater reduction 
in the filing of new asylum claims. However, the regulations do 
not address several significant issues. First, aliens remain 
able to file an asylum application regardless of how long they 
have resided in the United States, and many applications are 
filed by aliens who have been here for years. International law 
anticipates that aliens who have illegally entered a country in 
order to flee persecution should present themselves ``without 
delay'' to the authorities.59 This is the exception, 
rather than the rule, under the U.S. asylum system.

    \59\ Article 31 of the United Nations Convention Relating to the 
Status of Refugees (1951) states in part:

        The Contracting States shall not impose penalties, on 
      account of their illegal entry or presence, on refugees 
      who, coming directly from a territory where their life or 
      freedom was threatened * * * enter or are present in their 
      territory without authorization, provided they present 
      themselves without delay to the authorities and show good 
      cause for their illegal entry or presence.
    Second, the U.S. system includes no meaningful provision 
for the return or removal of aliens to countries (including 
countries through which they have travelled prior to reaching 
the U.S.), in which they would not be persecuted and in which 
they would have access to proper asylum procedures. Refugees 
fleeing persecution should ordinarily seek protection in the 
first safe country to which they travel. Many people seeking 
asylum in the U.S. have travelled through one or more countries 
in which comparable asylum procedures and protection are 
available.
    Third, despite greater efficiency in the process, there are 
no firm targets for completion of asylum cases. The problem 
with delay in the asylum system has been so pervasive that 
nothing short of firm, legislated deadlines will be sufficient 
to ensure that this problem does not persist into the future.
    Fourth, legislation is required to ensure that illegal 
aliens denied asylum are actually removed from the U.S. The 
reforms in Title III of this bill address this concern.
    Finally, asylum legislation should codify the best features 
of the administrative reforms of the asylum process, including 
the new rules on employment authorization. This will clarify 
the firm Congressional support for asylum reform and prevent 
court challenges to the administrative reforms on the grounds 
that they have not been authorized by Congress.

Reform of parole

    Section 212(d)(5) of the INA grants the Attorney General 
broad discretion to ``temporarily'' parole aliens applying for 
admission to the United States into the country for ``emergent 
reasons or reasons deemed strictly in the public interest.'' 
Under this section, parole is not to be regarded as an 
admission of the alien. Once the purposes for such parole are 
served, the alien must be returned to the custody from which he 
or she was paroled.
    The text of section 212(d)(5) is clear that the parole 
authority was intended to be used on a case-by-case basis to 
meet specific needs, and not as a supplement to 
Congressionally-established immigration policy. In recent 
years, however, parole has been used increasingly to admit 
entire categories of aliens who do not qualify for admission 
under any other category in immigration law, with the intent 
that they will remain permanently in the United States. This 
contravenes the intent of section 212(d)(5), but also 
illustrates why further, specific limitations on the Attorney 
General's discretion are necessary.
    Additionally, the Attorney General has not kept accurate 
records in the past of the way in which parole authority is 
used. Consequently, Congress has no way to effectively exercise 
its oversight authority over the use of parole. Without an 
effective control mechanism, the Attorney General can continue 
to use the parole authority to implement immigration policy 
without Congressional knowledge or approval.
    An example of a recent abuse of the parole authority stems 
from the September 1994 migration agreement negotiated by the 
Clinton Administration with Cuba. To implement this agreement, 
the Administration is using the parole authority to admit up to 
20,000 Cuban nationals annually. The paroled Cubans will 
eventually be entitled to adjust to permanent resident 
status.60
    \60\ Under the provisions of the Cuban Adjustment Act of 1966, 
natives or citizens of Cuba who are admitted or paroled into the United 
States after Jan. 1, 1959 are eligible to adjust to permanent resident 
status without leaving the U.S. after residing in the country for a 
period of one year. See Act of Nov. 2, 1966, 80 Stat. 1161, H.R. Rep. 
No. 89-178, 89th Cong., 2d Sess. 3 (1966).
---------------------------------------------------------------------------
    In this case, the use of parole to fulfill the terms of the 
Cuban migration agreement is a misuse and intentionally admits, 
on a permanent basis, aliens who are not otherwise eligible for 
immigrant visas. According to the Supreme Court, Congress has 
plenary power over immigration policy: a power that is largely 
immune from interference.61 Such use of the parole 
authority has not been authorized by Congress. Indeed, the 
Clinton Administration did not even attempt to consult with 
Congress in negotiating the Cuban migration agreement.
    \61\ Harisiades v. Shaughnessy, 342 U.S. 580 (1952); Fiallo v. 
Bell, 430 U.S. 787 (1977); Plyler v. Doe, 457 U.S. 202 (1982).
---------------------------------------------------------------------------
    Parole should only be given on a case-by-case basis for 
specified urgent humanitarian reasons, such as life-threatening 
humanitarian medical emergencies, or for specified public 
interest reasons, such as assisting the government in a law-
enforcement-related activity. It should not be used to 
circumvent Congressionally-established immigration policy or to 
admit aliens who do not qualify for admission under established 
legal immigration categories.

The need for humanitarian admissions

    The United States has traditionally admitted immigrants who 
are of special humanitarian concern to our nation. While 
provisions exist in the law to admit refugees and aliens 
granted asylum, there are aliens of humanitarian concern to the 
U.S. that do not meet the definition of a refugee. The lack of 
a single, transparent category for the admission of such aliens 
has also contributed to the improper use of parole authority by 
the Attorney General, as in the case of the implementation of 
the Cuban migration agreement. If a category existed in the law 
to provide for a limited number of humanitarian visas each year 
at the discretion of the Attorney General, migration agreements 
such as the recent agreement with Cuba could be negotiated 
without violating other existing provisions in immigration law.

                          C. Reform Proposals

Commission on immigration reform

    The Commission on Immigration Reform has recommended a 
significant redefinition of priorities and a reallocation of 
existing admission numbers to ensure that immigration continues 
to serve our national interests. The Commission defined several 
principles that should guide immigration policy: the 
establishment of clear goals and priorities; the enforcement of 
immigration limits; regular periodic review; clarity and 
efficiency; enforcement of the financial responsibility of 
sponsors to prevent immigrants from becoming dependent on 
public benefits; protection of American workers; coherence; and 
``Americanization''--the assimilation of immigrants to become 
effective citizens.
    The Commission recommended that there be three major 
categories of legal immigration--family-based, skills-based, 
and refugees. The current category for diversity admissions 
would be eliminated.
    Within the family category, the spouses and minor children 
of U.S. citizens would be admitted on an unlimited basis, as 
under current law. The parents of citizens could also be 
admitted, but with stricter sponsorship requirements than 
currently exist. Third priority would be given to the spouses 
and minor children of lawful permanent residents. The proposed 
400,000 cap for family admissions would accommodate current 
demand in these categories and allow for growth in the 
unlimited category of spouses and children of citizens. In 
addition, the Commission would make available 150,000 
additional visas during each of the first 5 years to clear the 
backlog of spouses and children (``nuclear family'') of lawful 
permanent residents.
    The Commission also proposed the elimination of the 
following family categories: adult unmarried sons and daughters 
of U.S. citizens; adult unmarried sons and daughters of lawful 
permanent residents; adult married sons and daughters of 
citizens; and brothers and sisters of adult U.S. citizens. This 
was done for several reasons: to focus priority on the 
admission of nuclear family members; to reduce the waiting time 
for nuclear family members of lawful permanent residents 
without raising overall immigration numbers; and to eliminate 
the extraordinary backlogs in these categories that undermine 
credibility of the immigration system. Most importantly, the 
Commission believes that ``[u]nless there is a compelling 
national interest to do otherwise, immigrants should be chosen 
on the basis of the skills they contribute to the U.S. 
economy.'' Admission of nuclear family members and refugees 
present such a compelling interest, but admission of more 
extended family members solely on the basis of their family 
relationship is not as compelling.62
    \62\ 1995 Commission Report at 72.
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    The Commission recommended that up to 100,000 skills-based 
immigrants be admitted each year in two basic categories: those 
exempt from labor market testing, and those subject to labor 
testing. The exempt category would include aliens with 
extraordinary ability, multinational executives and managers, 
entrepreneurs, and ministers and religious workers. Others that 
would be subject to labor market testing include professionals 
with advanced degrees and baccalaureate degrees, and skilled 
workers with 5 years specialized experience. The category for 
unskilled workers would be eliminated. In place of the current 
labor certification process, those immigrants subject to labor 
market testing could only be admitted if their prospective 
employer paid a substantial fee and demonstrated appropriate 
attempts to find qualified U.S. workers. The fee would be used 
to support private sector initiatives for the education and 
training of U.S. workers. In addition, such immigrants would be 
admitted on a conditional basis that would convert to permanent 
status after 2 years if the immigrant was still employed by the 
same employer at the attested original wage or higher.
    The Commission recommended that 50,000 admission numbers be 
allocated each year to refugees, not including the adjustment 
to permanent resident status of aliens already present in the 
U.S. who are granted asylum. Refugee admissions could exceed 
50,000 in the case of an emergency, or through approval by 
Congress.

Administration

    The Clinton Administration has not formally submitted to 
Congress recommended legislation on legal immigration reform. 
However, in testimony before the Senate Subcommittee on 
Immigration in September 1995, the Commissioner of the INS 
outlined the Administration's proposal on this subject.63 
The proposal would call for a flexible annual admissions 
ceiling of approximately 500,000, including family and 
employment-based admissions, but not refugees. The diversity 
category would be eliminated.
    \63\ ``Legal Immigration Reform: Hearing Before the Subcommittee on 
Immigration of the Senate Judiciary Committee'', 104th Cong., 1st Sess. 
(September 13, 1995) (Statement of Doris Meissner, Commissioner, 
Immigration and Naturalization Service).
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    The Administration would maintain the current unlimited 
admissions for spouses, minor children, and parents of U.S. 
citizens, and also preserve categories for the adult children 
of U.S. citizens and lawful permanent residents. The category 
for brothers and sisters of citizens would be eliminated. The 
plan makes no specific provision for backlog clearance for 
nuclear family members of lawful permanent residents. However, 
the Administration believes that recent increases in 
applications for naturalization, combined with a new 
``Naturalization 2000'' program being implemented by the INS, 
will result in naturalization of most of the sponsoring aliens 
who are currently lawful permanent residents. This will 
``move'' the backlog into the unlimited category for admission 
of spouses and minor children of U.S. citizens. The 
Administration has estimated that this may increase the number 
of admissions in this unlimited category by as much as 60,000 
per year, which would cause a concomitant increase in the 
overall annual admissions figure. The Administration would 
admit 100,000 employment-based immigrants and eliminate the 
current category for unskilled workers.
    On refugees, the Administration would retain current law, 
which permits the ceiling to be set by the President on an 
annual basis after consultation with Congress. The State 
Department has projected that refugee admissions, which are to 
be 90,000 in FY 1996, will decrease to 70,000 in FY 1997 and 
50,000 thereafter.64
    \64\ 1995 Commission Report at 136.
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                           V. Public Benefits

    As a matter of national policy regarding immigration and 
welfare, self-sufficiency has been a basic principle of United 
States immigration law since this country's earliest 
immigration statutes. It continues to be the immigration policy 
of the United States that aliens within the nation's borders 
not depend on taxpayer-funded public resources to meet their 
needs, but rather rely on their own capabilities and the 
resources of their families, their sponsors, and private 
organizations. The availability of taxpayer-funded public 
benefits should not constitute an incentive for immigration to 
the United States.
    Since 1882, aliens have been excludable from admission to 
the U.S. if found likely to become ``public charges.'' 65 
Since 1917, aliens have been subject to deportation from the 
U.S. for becoming public charges after entry from causes 
arising before entry. By regulation and administrative 
practice, the State Department and the INS permit those 
immigrants who would otherwise be excluded as public charges to 
overcome exclusion through an affidavit of support, which is 
executed by a person who agrees to provide financial support 
for the alien (the alien's ``sponsor'').
    \65\ INA Sec. 212(a)(4), 8 U.S.C. Sec. 1182(a)(4).
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    Despite the long-standing principle of self-sufficiency, 
aliens have been applying for and receiving public benefits 
from Federal, State and local governments at increasing rates. 
Only a negligible number of aliens are deported on public 
charge grounds. Further, various State court decisions and 
decisions by immigration courts have held that the affidavits 
of support, as currently constituted, do not impose a binding 
obligation on sponsors to reimburse welfare agencies that 
provide public benefits to sponsored aliens. As a result, these 
provisions have been wholly incapable of assuring that 
individual aliens not burden the public benefits system and, 
consequently, the taxpayer.
    Many studies at the national, State, and local levels have 
examined the use of public benefits by non-citizens. One of the 
better of these studies was recently conducted by Professor 
George J. Borjas, formerly of the University of California at 
San Diego and presently at Harvard University. Professor 
Borjas, a Cuban immigrant to the U.S. who specializes in 
economics, concluded in his study ``Immigration and Welfare, 
1970-1990'' that immigrants use public benefits to a greater 
degree than citizens, and estimated that the annual cost to the 
American taxpayer of providing means-tested public assistance 
to immigrants, deducting the amount they pay in taxes, is $16 
billion.66 Professor Borjas cites that 9.1 percent of 
immigrant households received cash welfare assistance in 1990, 
compared with 7.4 percent of native households.67 The 
average amount of cash assistance received by an immigrant 
household was $5,400 annually, compared with $4,000 for a 
native household.68 Further, from 1970-1990 the total 
amount of cash assistance received by immigrant households was 
56 percent higher than would have been the case if immigrants 
used the welfare system to the same extent as natives.69 
In a more recent study, Professor Borjas has found that 26 
percent of immigrant households receive some form of public 
benefits. In the Supplemental Security Income program alone, 
immigrant applications increased 580 percent from 1982-1994, 
compared to a 49 percent increase for natives.70
    \66\ George J. Borjas, Immigration and Welfare, 1970-1990 23 (Nat'l 
Bur. Econ. Res. Working Paper No. 4872, Sept. 1994).
    \67\ Id. at 4-5.
    \68\ Id. at 9.
    \69\ Id. at 20.
    \70\ Social Security Administration.
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    Allowing immigrants to become dependent on public 
assistance undermines America's historic immigration policy 
that those who come to the country be and remain self-
sufficient. Welfare destroys the recipient's work incentives, 
encourages the breakdown of the family unit, and transmits 
dependency across generations. Further, it keeps immigrants 
from becoming productive participants in American society.
    The Committee believes that it is a compelling government 
interest to enact new rules for eligibility and sponsorship 
agreements in order to assure that aliens be self-reliant in 
accordance with the longstanding tenets of national immigration 
policy. It is also a compelling government interest to remove 
the incentive for illegal immigration provided by the easy 
availability of public benefits. Finally, with respect to the 
State authority to make determinations concerning alien 
eligibility for public benefits in this legislation, a State 
that chooses to follow the Federal classification in 
determining the eligibility of aliens for public benefits shall 
be deemed by any Federal or State court to have chosen the 
least restrictive means available for achieving the compelling 
governmental interest of assuring that aliens be self-reliant 
in accordance with national immigration policy.

                  VI. Skilled Nonimmigrants (H Visas)

                            The H-1B Program

Background

    Up to 65,000 ``H-1B'' visas 71 are granted each year 
for foreign workers coming to perform work in specialty 
occupations (requiring at least a baccalaureate degree or its 
equivalent) or as fashion models. Since the visas are good for 
up to 6 years, a total of 390,000 H-1B aliens can be working in 
the United States at any one time. Typical occupations are 
computer programmers, engineers, physical therapists and 
university professors and researchers.
    \71\ See INA Sec. Sec. 101(a)(15)(H)(i)(b) and 214(g)-(i).
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    In order to enable H-1B aliens to be brought on board 
promptly, employers are not required to engage in a lengthy 
labor certification process (such as that used for employment-
based immigrants) prior to the arrival of the alien in the 
United States. Protection of American workers from unfair 
competition in the H-1B program is accomplished by requiring 
employers to file a ``labor condition application'' (``LCA'') 
making certain basic attestations. The Secretary of Labor is 
empowered to investigate complaints alleging noncompliance with 
these attestations.72
    \72\ See INA Sec. 212(n).
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    The attestations include:
          (1) the employer will pay the H-1B alien wages which 
        will be the higher of the actual wage level paid by the 
        employer to all other individuals with similar 
        experience and qualifications for the specific 
        employment in question or the prevailing wage level for 
        the occupational classification in the area of 
        employment, and the employer will provide working 
        conditions for the H-1B that will not adversely affect 
        those of workers similarly employed;
          (2) there is no strike or lockout in the course of a 
        labor dispute in the occupational classification at the 
        place of employment;
          (3) the employer has provided notice of the filing of 
        the application to the bargaining representative of the 
        employer's employees in the occupational classification 
        and area for which the H-1Bs are sought, or if there is 
        no such bargaining representative, has posted notice in 
        conspicuous locations at the place of employment; and
          (4) the LCA will identify the number of workers 
        sought, the occupational classification in which the 
        workers will be employed, and the wage rate and 
        conditions under which they will be employed. 
        Department of Labor regulations require that the 
        employer also identify the place of intended employment 
        and the specific source relied upon to determine the 
        prevailing wage.73
    \73\ See 59 Fed. Reg. 65646, 65662 (Dec. 20, 1994); 20 CFR 655.730 
(1995).
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    The Secretary of Labor must accept the LCA within 7 days 
unless it is incomplete or obviously inaccurate. Departmental 
investigations as to whether the employer has failed to fulfill 
its attestations or has misrepresented material facts in its 
LCA are triggered by complaints filed by aggrieved persons or 
organizations. The employer can be subject to penalties 
including civil monetary fines of up to $1,000 per violation 
and an inability to have petitions approved for alien workers 
(both immigrant and nonimmigrant) for at least 1 year. In 
addition, if wages were not paid at the required wage level, 
back pay can be awarded to an H-1B alien.

The current controversy

    The H-1B program has recently become embroiled in 
controversy. Certain employers appear to be using H-1B aliens 
in ways contrary to the intent of the program. They are 
building workforces almost entirely composed of H-1Bs instead 
of using the aliens to ameliorate temporary skills shortages in 
the American labor force, and are often serving as ``job 
contractors,'' leasing out these pooled H-1Bs to other firms. 
Since the job contractor, not the business where the H-1B 
employee will actually work, is considered the employer, it is 
the contractor's responsibility to make and fulfill the 
required attestations. This can have the effect of defeating 
the H-1B program's safeguards. Finally, in many instances 
American employees are being fired and replaced with H-1Bs at 
lower wages. Secretary of Labor Robert Reich recently expressed 
worry over these practices:

          Our experience with the practical operation of the H-
        1B program has raised serious concerns * * * that what 
        was conceived as a means to meet temporary business 
        needs for unique, highly skilled professionals from 
        abroad is, in fact, being used by some employers to 
        bring in relatively large numbers of foreign workers 
        who may well be displacing U.S. workers and eroding 
        employers' commitment to the domestic workforce. Some 
        employers * * * seek the admission of scores, even 
        hundreds of [H-1Bs], especially for work in relatively 
        low-level computer-related and health care occupations. 
        These employers include ``job contractors,'' some of 
        which have a workforce composed predominantly or even 
        entirely of H-1B workers, which then lease these 
        employees to other U.S. companies or use them to 
        provide services previously provided by laid-off U.S. 
        workers.74
    \74\ ``Nonimmigrant Visas: Hearings Before the Subcomm. on 
Immigration of the Senate Comm, on the Judiciary,'' 104th Cong., 1st 
Sess. (Sept. 28, 1995) (Statement of Robert Reich, Secretary of Labor).
---------------------------------------------------------------------------

The Department of Labor response

    Responding to such concerns, the Department of Labor 
promulgated a set of final rules which went into effect on 
January 19, 1995.75 Instead of targeting job contractors 
or companies relying to an inordinate degree on H-1B aliens, 
the regulations imposed new requirements on all employers of H-
1B aliens. The Committee believes that four of the regulations 
and a section of the appendix to the regulations are unduly 
burdensome to legitimate users of H-1Bs.
    \75\ See 59 Fed. Reg. 65646 (Dec. 20, 1994).
---------------------------------------------------------------------------
    The first of the regulations requires that ``[w]here the 
employer places any H-1B nonimmigrant(s) at one or more 
worksites not contemplated at the time of filing the 
application, but which are within the area of intended 
employment listed on the [application],76 the employer is 
required to post notice(s) at such worksite(s) * * * .'' 
77
    \76\ The area of intended employment is defined as the area 
``within normal commuting distance of the place (address) of 
employment.'' 20 CFR 655.715 (1995).
    \77\ 20 CFR 655.734(a)(1)(ii)(D) (1995).
---------------------------------------------------------------------------
    This regulation has a defensible purpose. If an employer is 
a job contractor and places H-1Bs at other firms, a posting at 
the contractor's headquarters will not necessarily provide 
adequate notice to the employees of the other firms, who are 
the ones who might be negatively impacted and who must file 
complaints for the enforcement program to work. A regulation 
requiring additional postings in such circumstances makes 
sense, and was in fact once proposed by the Department.78 
But the regulation does not stop there. It requires that all 
employers employing H-1Bs must ensure that notice is posted at 
whatever worksites an H-1B alien ventures to in the course of 
his or her employment. Thus, if an H-1B goes to a client of his 
or her employer to service equipment or make a sales pitch, 
notice has to be posted at the client's location. If an H-1B 
goes to a potential client to prospect for business, to a law 
firm to give a deposition, to a university for training, or to 
a convention, notice has to be posted at the respective 
locations. In all these instances, the employer must obtain the 
consent from the owners of the subject property to post notice 
(including the wages of the H-1B) on their property. This 
mandate requires more than customary and reasonable business 
norms would allow.
    \78\ See 58 Fed. Reg. 52152, 52161 (Oct. 6, 1993)(Sec. ------.735). 
The proposed regulation defined a job contractor as ``an employer whose 
employees perform their duties in whole or in part at worksites that 
are owned, operated, and controlled not by the job contractor, but by 
an entity with which the job contractor has a contractual relationship 
and which displays indicia of an employment relationship with the job 
contractor's employees (e.g., assignment of tasks; day to day 
supervision of performance; evaluation of performance).'' Id. at 
Sec. ------.715.
---------------------------------------------------------------------------
    The second of the problematic regulations requires an 
employer to file a new LCA if any H-1B or combination of H-1Bs 
is placed in an area of employment not listed in their original 
LCA(s) for a cumulative period of more than 90 workdays within 
a 3-year period. A ``workday'' means any day on which any H-1B 
performs any work in a non-listed area of employment.79 
Thus, if New York City is not listed on the employer's LCA(s), 
the employer may not permit any H-1B to work in that area 
(without filing a new LCA listing New York City) if, in the 
previous 3 years, any H-1B(s) employed by that employer have 
worked in New York City for a cumulative total of 90 days.
    \79\ 20 CFR 655.735(a), (b)(4) (1995).
---------------------------------------------------------------------------
    This regulation also has a defensible purpose, to ensure 
that the notice and prevailing wage requirements of an 
attestation apply to the location where an H-1B alien actually 
works. For example, if an H-1B is brought to the country by a 
job contractor in Baltimore and placed at a firm in San 
Francisco, the notice attestation in the original LCA will only 
require notice in Baltimore and the wage requirement will 
require the payment of the wage prevailing in Baltimore. 
Requiring a new LCA with San Francisco listed as the area of 
employment will result in notice to co-workers in San Francisco 
and the payment of the San Francisco prevailing wage. For the 
same reasons, an additional application also makes some sense 
when a company sends an H-1B to work permanently at its San 
Francisco branch, where the initial LCA stated that he or she 
would work in its Baltimore headquarters.
    Again, however, the regulation covers all instances in 
which an H-1B is sent out of the office. In business today, 
success in many occupations requires frequent travel around the 
country and the Committee recognizes two undue burdens with the 
application of this regulation to all employers of H-1B 
nonimmigrants. First is requiring an employer to file a new LCA 
whenever it sends H-1Bs on legitimate business trips exceeding 
some arbitrary period of time to cities not listed on their 
LCAs. Second is the administrative burden of having to track 
every city in the country to which it sends H-1Bs (on whose 
LCAs the city is not listed) to ensure that no city receives 
any combination of such H-1Bs for a total of more than 90 days 
every three years.
    The third provision of concern to the Committee requires 
employers who send H-1Bs to a non-listed area of employment to 
pay the H-1B per diem and transportation expenses (for both 
work and non-work days) at rates no lower than those prescribed 
for Federal Government employees on travel or temporary 
assignment.80 This provision appears designed to ensure 
that the salaries of H-1Bs are not indirectly lowered by 
forcing them to pay their own travel expenses, and to ensure 
that ``travelling'' employees are, in fact, on temporary 
assignment. However, to require that such expenses be 
reimbursed at Government rates is unacceptable micromanagement 
of corporate travel policy for companies that are not prone to 
abusing the H-1B program: non-H-1B dependent employers.
    \80\ 20 CFR 655.735(b)(3) (1995).
---------------------------------------------------------------------------
    The fourth area of concern involves investigations by the 
Department of Labor. Section 212(n)(2)(A) of the INA states 
that ``complaints may be filed by any aggrieved person or 
organization (including bargaining representatives).'' Congress 
clearly intended to implement a complaint-driven system in 
which co-workers, unions, and competitors would be the parties 
authorized to complain and thus set into motion Department of 
Labor investigations. However, the regulations now define 
aggrieved party to include ``[a] government agency which has a 
program that is impacted by the employer's alleged non-
compliance with the labor condition application'' 81--
i.e., the Department of Labor. Then, the regulations state that 
the Secretary shall investigate misrepresentation or failure of 
an employer to meet an attestation ``either pursuant to a 
complaint or otherwise''.82 This action by the Department 
of Labor contravenes the legislative intent of the Immigration 
Act of 1990.
    \81\ 20 CFR 655.715 (1995).
    \82\ 20 CFR 655.710 (1995).
---------------------------------------------------------------------------
    Lastly, the appendix to the regulations states that in 
determining the actual wage level paid by the employer to 
workers similarly employed as an H-1B, ``[t]he employer must 
have and document an objective system used to determine the 
wages of non-H-1B workers, and apply that system to H-1B 
nonimmigrants as well.'' 83 Whether the intent of this 
requirement was just to make it easier for the Department to 
determine the actual wage paid in various instances or whether 
broader policy goals were in mind, the move was unwarranted. It 
was clearly never the intent of Congress to use the H-1B 
program as a way of mandating how employers pay their non-H-1B 
employees. As long as an employer pays its H-1Bs the actual 
wage (assuming it is higher than the appropriate prevailing 
wage), the employer should be free to determine its wage scale, 
constrained by factors such as market forces, contractual 
agreements, collective bargaining, and the minimum wage.
    \83\ 20 CFR Appendix A to Subpart H to Part 655 (1995).
---------------------------------------------------------------------------
    In summary, the newly promulgated regulations are somewhat 
successful in dealing with abusive employers and with the 
problems that the job contractor phenomenon and the existence 
of firms with multiple worksites pose to the H-1B enforcement 
scheme. However, they do so at a cost which may be too high for 
the legitimate employer hiring a relatively small number of H-
1B aliens. Further, they do not address the specter of 
employers laying off American workers and replacing them with 
lower-cost H-1Bs or treat the heavy user of H-1Bs any more 
severely than they do the employer who only uses the aliens to 
fill temporary skills gaps.

                            The H-1A Program

    The special pilot program created by the Immigration 
Nursing Relief Act of 1989 (``INRA'', Pub. L. 101-238) to 
permit foreign nurses to come to work temporarily in the United 
State expired on August 31, 1995. Prior to the creation of this 
special program, nurses had been admitted under what is now the 
H-1B temporary non-immigrant program. The Committee expects 
that eligible foreign non-immigrant nurses will again be 
admitted under the H-1B program.
    The valuable screening and competency requirements 
contained in the pilot program should be retained. The 
authentication of applications and supporting documents for 
foreign health care workers is of vital importance to 
consumers, and can serve as an important mechanism to reduce 
illegal immigration as well. For example, prior to the 
enactment of the Immigration Nursing Relief Act of 1989 (INRA), 
the Department of Health, Education, and Welfare reported that 
more than 80 percent of all foreign-licensed nurses were unable 
to pass the U.S. Registered Nurse examination of the first 
try.84 Foreign nurses who were unable to pass the exam 
were more likely to remain illegally in the U.S. Following the 
imposition of a requirement that applicants' credentials be 
authenticated, the number of foreign nurses who failed the U.S. 
nursing exam fell to 20 percent.85 Pursuant to the pilot 
program, the successful authentication process was conducted by 
a non-governmental body, the Commission on Graduates of Foreign 
Nursing Schools, and funded by a fee paid by the applicant and 
at no cost to the U.S. government. Additionally, the 
Commission's work saved valuable governmental resources by also 
substantially reducing the burden on consular officers to 
authenticate credentials.
    \84\ Survey of Foreign Nurse Graduates, DHEW Publication No. HRA 
76-13 (1976).
    \85\ Barbara S. Jacobsen and Theresa M. Kowalski, ``Validity Study: 
CGFNS Qualifying Examinations as Predictors of Success on United States 
Registered Nurse Licensing Examination,'' Commission on Graduates of 
Foreign Nursing Schools (1994).
---------------------------------------------------------------------------
    The Department of State has statutory authority under 
Section 222 of the INS (8 U.S. C. Section 1202) to require 
authentication of applications for both immigrant and non-
immigrant visas. Again, because the protection of the public 
health and safety must be paramount, the Committee believes 
that the Department of State should revise its visa application 
procedures under Section 222 to require health care workers to 
authenticate their visa application and supporting documents in 
the same manner as under INRA. The health care workers covered 
by this requirement should include nurses, physical therapists, 
and occupational therapists, as well as both licensed and 
unlicensed health occupations in which the practitioner 
diagnoses, delivers care, or supports the delivery of care such 
that incompetent practitioners in those occupations might 
jeopardize public health.
    Similarly, the Committee expects, therefore, that the INS, 
in consultation with the DOL, will promulgate separate H-1B 
standards for nurses which will require that foreign nurses 
admitted non-immigrants under the H-1B category meet 
requirements identical to those now imposed on foreign nurses 
seeking admission as immigrants, including the successful 
completion of the examination recognized by the DOL in 20 CFR 
Sec. 656.10 (a)(2)(I).
    The Committee recommends that the Departments of State and 
Labor use an independent credentialing organization with 
sufficient experience and resources on health care-related 
foreign educational institutions, ministries of health and 
licensing jurisdictions. The organization should have a proven 
record of consistent and accurate credentialing. One such 
organization is the Commission on Graduates of Foreign Nursing 
Schools which has both the experience and resources to provide 
this service.

                  Previous Consideration and Hearings

    On February 8, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on the Management Practices of 
the Immigration and Naturalization Service. Witnesses were 
Laurie Ekstrand, Associate Director, Administration of Justice 
Issues, General Government Division, accompanied by James 
Blume, Assistant Director, Administration of Justice Issues, 
General Government Division, General Accounting Office; and 
Chris Sale, Deputy Commissioner, Immigration and Naturalization 
Service.
    On February 24, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Foreign Visitors Who 
Violate the Terms of Their Visas by Remaining in the United 
States indefinitely. Witnesses were Honorable Barbara Jordan, 
Chair, accompanied by Robert Hill, Commissioner, and Susan 
Martin, Executive Director, Commission on Immigration Reform; 
Diane Dillard, Deputy Assistant Secretary for Consular Affairs, 
Department of State; James Puleo, Executive Associate 
Commissioner, Programs, Immigration and Naturalization Service; 
and Robert Warren, Director, Statistics Branch, Immigration and 
Naturalization Service.
    On March 3, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Work Site Enforcement of 
Employer Sanctions. Witnesses were James Puleo, Executive 
Associate Commissioner, Programs, U.S. Immigration and 
Naturalization Service, accompanied by Brian J. Vaillancourt, 
Director Civil Matters, Investigations Division, U.S. 
Immigration and Naturalization Service; Maria Echeveste, 
Administrator, Wage and Hour Division, U.S. Department of 
Labor; Shirley S. Chater, Commissioner, Social Security 
Administration, U.S. Department of Health and Human Services; 
Robert Rasor, Special Agent, Secret Service, U.S. Department of 
the Treasury; Robert Charles Hill, Member, U.S. Commission on 
Immigration Reform, accompanied by Susan Forbes Martin, 
Executive Director, U.S. Commission on Immigration Reform; Wade 
Avondoglio, Owner, Perona Farms Restaurant, Member, National 
Restaurant Association; Richard Holcomb, Commissioner, Virginia 
Department of Motor Vehicles; W. Marshall Rickert, Motor 
Vehicle Administrator, Maryland Motor Vehicle Administration; 
A. Torrey McLean, State Registrar, North Carolina Department of 
Vital Records.
    On March 10, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Border Security. The 
Members of Congress testifying were Honorable Duncan Hunter, 
Honorable Brian Bilbray, and Honorable Ronald Coleman. Other 
witnesses were Mary Ryan, Assistant Secretary of State for 
Consular Affairs, Department of State, accompanied by Frank 
Moss, Special Assistant for Border Security, Bureau for 
Consular Affairs; Honorable Doris Meissner, Commissioner, 
Immigration and Naturalization Service, accompanied by 
Silvestre Reyes, Sector Chief, U.S. Border Patrol, El Paso 
Sector, and Gus de la Vina, Regional Director, Western Region, 
Immigration and Naturalization Service; Laurie Ekstrand, 
Associate Director, Administration of Justice Issues, General 
Government Division, General Accounting Office; Brigadier 
General Edmund Zysk, Deputy Commander, California National 
Guard, accompanied by Lieutenant Colonel Bill Hipsley, Training 
Officer, California National Guard.
    On March 23, 1995, the Subcommittee on Immigration and 
Claims held an oversight hearing on Removal of Criminal and 
Illegal Aliens. Witnesses were T. Alexander Aleinikoff, General 
Counsel, Immigration and Naturalization Service, accompanied by 
James Puleo, Executive Associate Commissioner, Programs, and 
Joan Higgins, Assistant Commissioner, Detention and 
Deportation; Anthony C. Moscato, Director, Executive Office for 
Immigration Review, accompanied by Paul Schmidt, Chairman, 
Board of Immigration Appeals, and Michael J. Creppy, Chief 
Immigration Judge.
    On March 30, 1995 the Subcommittee on Immigration and 
Claims held an oversight hearing on Verification of Eligibility 
for Employment and Benefits. Witnesses were Honorable Barbara 
Jordan, Chair, Commission on Immigration Reform, accompanied by 
Susan Martin, Ph.D., Executive Director; Robert L. Bach, Ph.D., 
Executive Associate Commissioner, Policy and Planning, U.S. 
Immigration and Naturalization Service, accompanied by John E. 
Nahan, Director, Systematic Alien Verification for Entitlements 
(SAVE) Program; William Ludwig, Administrator, Food and 
Consumer Service, U.S. Department of Agriculture; Wendell E. 
Primus, Deputy Assistant Secretary for Human Services Policy, 
U.S. Department of Health and Human Services, accompanied by 
Sandy Crank, Associate Commissioner, Social Security 
Administration, and Mack Storrs, Division Director for AFDC 
Policy; Nelson Diaz, General Counsel, U.S. Department of 
Housing and Urban Development; Richard W. Velde, Esq.; Austin 
T. Fragomen, Jr., Chairman, American Council on International 
Personnel; Joseph A. Antolin, Deputy Director of Field 
Operations, Illinois Department of Public Aid; Esperita 
Johnson-Bullard, Eligibility Supervisor, Division of Social 
Services, Department of Human Services, City of Alexandria, 
Virginia.
    On April 5, 1995, the Subcommittee in Immigration and 
Claims held an oversight hearing on the Impact of Illegal 
Immigration on Public Benefit Programs and the American Labor 
Force. Witnesses were Michael Fix, Esq., The Urban Institute, 
accompanied by Jeffrey Passel; Dr. Donald Huddle, Rice 
University; Dr. Georges Vernez, RAND; Dr. George Borjas, 
University of California at San Diego; Dr. Joseph Altonji, 
Northwestern University; Dr. B. Lindsay Lowell; Dr. Vernon 
Briggs, Jr., Cornell University; Dr. Frank Morris, Morgan State 
University; Dr. Norman Matloff, University of California at 
Davis; Dr. Peter Skerry, Woodrow Wilson International Center 
for Scholars.
    On May 17, 1995, the Subcommittee on Immigration and Claims 
held an oversight hearing on Legal Immigration Reform 
Proposals. Witnesses were Susan Martin, Ph.D., Executive 
Director, Commission on Immigration Reform; Peter Brimelow, 
Author, ``Alien Nation''; Peter Skerry, Wilson Center, Philip 
Martin, Professor of Agricultural Economics, University of 
California at Davis; Harris Miller, President, Information 
Technology Association of America; Markley Roberts, Assistant 
Director, Economic Research Department, AFL-CIO; Demetrios 
Papademetriou, Carnegie Endowment for International Peace; Mark 
Krikorian, Executive Director, Center for Immigration Studies; 
Professor John Guendelsberger, Pettit College of Law, Ohio 
Northern University; Michael Lempres, Esq., Akin, Gump, 
Strauss, Hauer, & Feld.
    On April 24, 1995, the Subcommittee on Immigration and 
Claims held a Members' Forum on Immigration. The following 
Members testified. Hon. Ronald Packard; Hon. Zoe Lofgren; Hon. 
Brian Bilbray; Hon. Dana Rohrabacher; Hon. William Martini; 
Hon. Mark Foley; Hon. Porter Goss; Hon. Jay Kim; Hon. Owen 
Pickett; Hon. Robert Underwood; Hon. Susan Molinari; Hon. Patsy 
Mink; Hon. Anthony Beilenson; Hon. Andrea Seastrand; Hon. 
Esteban Edward Torres; Hon. Bob Filner; Hon. Tim Hutchinson; 
Hon. Ronald Coleman.
    On June 28, 1995, the Subcommittee on Immigration and 
Claims held a joint hearing with the Senate Subcommittee on 
Immigration to receive testimony from the Commission on 
Immigration Reform regarding the Commission's interim 
recommendations on legal immigration reform. Testifying was the 
Honorable Barbara Jordan, Chair, accompanied by Michael 
Teitelbaum, Vice Chair; Bruce Morrison, Commissioner; Robert 
Charles Hill, Commissioner; and Susan Martin, Executive 
Director.
    On June 29, 1995, the Subcommittee on Immigration and 
Claims held a hearing on H.R. 1915, the Immigration in the 
National Interest Act of 1995. Witnesses were T. Alexander 
Aleinikoff, Executive Associate Commissioner for Programs, 
Immigration and Naturalization Service; Anthony C. Moscato, 
Director, Executive Office for Immigration Review; Diane 
Dillard, Acting Assistant Secretary for Consular Affairs, 
Department of State; John R. Fraser, Deputy Administrator, Wage 
and Hour Division, Department of Labor; Dr. Lawrence H. 
Thompson, Principal Deputy Commissioner, Social Security 
Administration; Robert Rector, Senior Policy Analyst, The 
Heritage Foundation; Dr. Vernon Briggs, Jr., School of 
Industrial Relations, Cornell University; Austin T. Fragomen, 
Jr., Chairman, American Council on International Personnel; 
Daryl R. Buffenstein, President, American Immigration Lawyers 
Association; David Simcox, Research Director, Negative 
Population Growth; Dr. Frank Morris, Dean, Morgan State 
University; Carl Hampe, Esq., Paul, Weiss, Rifkind, Wharton & 
Garrison; John Swenson, Executive Director, Migration and 
Refugee Services, U.S. Catholic Conference; Raul Yzaguirre, 
President, National Council of La Raza; Dr. Michael Teitelbaum, 
Program Officer, Alfred P. Sloan Foundation; David North, 
Independent Immigration Researcher; Bill Frelick, Senior Policy 
Analyst, U.S. Committee for Refugees; Karen K. Narasaki, 
Executive Director, National Asian Pacific American Legal 
Consortium; Dan Stein, Executive Director, The Federation for 
American Immigration Reform.

                        Provisions of H.R. 2202

    The goal of H.R. 2202 is to curb illegal immigration and 
reform legal immigration in the national interest. H.R. 2202 
mandates specific enforcement measures against illegal 
immigration, including the hiring of new Border Patrol agents 
as well as interior enforcement personnel, authorizes the 
acquisition of additional resources for immigration enforcement 
and control, and overhauls procedures to allow the prompt 
identification, apprehension, and removal of illegal aliens 
from the United States. On the legal immigration front, H.R. 
2202 reorients current admission priorities to directly advance 
U.S. interests in the preservation of the nuclear family, the 
admission of highly-skilled individuals, the protection of U.S. 
workers from unfair competition, and the safety of refugees.

                        Title I--Border Control

    Immigration control is a fundamental aspect of national 
sovereignty, and protection of that sovereignty begins with 
securing its borders. Title I of H.R. 2202 authorizes the 
addition of 1,000 border patrol agents each year through FY 
2000, the hiring of support personnel for border enforcement, 
and the procurement of advanced technologies to prevent illegal 
border crossings.
    Section 101 increases the number of Border Patrol agents by 
1000 per year from 1996 through 2000, raises by 800 the number 
of support personnel for border enforcement, and requires that 
new personnel be deployed in sectors along the border in 
proportion to the level of illegal immigration through those 
sectors. Section 130006 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Pub. L. 103-322, Sept. 13, 1994), 
authorized the appropriation of increased resources for INS 
enforcement efforts, and specified that funds be allocated to 
increase the Border Patrol by 1,000 agents per year from FY 
1995 through FY 1998. This section requires that such agents be 
hired and that the 1,000 per year increase continue through FY 
2000. In addition, by requiring deployment on the border, this 
section states a clear policy that Border Patrol resources 
should be used primarily at the border to deter illegal 
crossings and to apprehend those illegal aliens who do cross at 
the earliest possible juncture. This does not mean, however, 
that efforts at interior enforcement should be reduced. Section 
358, in fact, authorizes the expenditure of $150 million to 
hire new personnel for interior enforcement, including 
investigators and detention and deportation officers.
    Section 102 requires the Attorney General to install 
additional fences and roads to deter illegal immigration. In 
the San Diego sector, it calls for extension of the new fencing 
to a point 14 miles east of the Pacific Ocean, and the 
construction of second and third fences, with roads between the 
fences, to provide an additional deterrent. This adopts the 
recommendations of the Sandia Laboratories in New Mexico, in a 
January 1993 report, that a series of fences, with interspersed 
roads, be constructed in areas with the highest concentration 
of illegal immigration.
    This section also provides for a limited waiver of the 
Endangered Species Act. This is necessary because the Committee 
has learned that roads and fences have not been built in 
certain areas along the border because of concern that animal 
habitats might be affected. Without these roads and fences, 
Border Patrol agents are unable to properly patrol these areas. 
Furthermore, the national interest requires that the Border 
Patrol be able to deter entry at any feasible point of entry 
along the land border. The International Boundary and Water 
Commission already provides guidance to the INS and other 
agencies regarding the construction of barriers, and potential 
environmental impacts may be discussed and resolved in that 
context.
    Section 102 also requires the forward deployment of Border 
Patrol agents to provide a visible deterrent to illegal 
immigration. The Committee is concerned that notwithstanding 
the success of Operation Hold-the-Line in El Paso, the INS has 
been reluctant to adopt similar forward deployment of agents in 
other border sectors. At the same time, the Committee 
recognizes that forward deployment may work better in certain 
sectors than in others due to factors such as topography and 
established migration patterns. Accordingly, section 102(d) 
requires the Attorney General to report to Congress on the 
success of forward deployment. This report will enable Congress 
to better exercise its oversight authority in this critical 
area of immigration enforcement and make appropriate 
adjustments in policy and available resources.
    Section 104 requires improvement in the Border Crossing 
Identification Card. Amendments adopted by the Committee at the 
request of the INS will give the INS a longer time period to 
implement these new improvements. However, the Committee 
intends that the INS move as rapidly as possible to: (1) ensure 
that all newly-issued border crossing cards include additional 
security features; (2) replace existing cards with new secure 
cards; and (3) require verification of the identity of the 
holder of the border crossing card each time it is used to seek 
admission into the U.S. Although not specifically addressed in 
this legislation, the Committee also believes that it would be 
appropriate to impose a fee for the new secure card. The 
Committee understands that pursuant to an existing exchange of 
letters between the United States and Mexico, no fee may be 
charged for issuance of the border crossing card. Issuance of a 
more secure border crossing card is in the interests of both 
nations, since it will deter illegal migration and facilitate 
legitimate border traffic. The cost per card should be modest, 
but it is most appropriately borne by those who benefit from 
use of the card. The Attorney General and the Secretary of 
State should cooperate in discussions with the Government of 
Mexico to remove any existing restrictions on the collection of 
a fee for the border crossing card.
    A number of provisions address the problem of the 
``revolving door'' at the southern land border. Apprehended 
illegal aliens who agree to voluntarily return to Mexico in 
lieu of being placed in removal proceedings often make repeated 
attempts to cross the border, with no consequences attached. 
While prompt removal of illegal aliens should be the goal of 
immigration enforcement, the ability to cross into the United 
States over and over with no consequences undermines the 
credibility of our efforts to secure the border.
    Section 105 sets a civil penalty for attempted illegal 
entry into the U.S. Under this provision, illegal aliens would 
be liable for a significant fine each time they attempt to 
cross. This provision is not intended to require that indigent 
aliens be detained in the United States until they are able to 
obtain sufficient funds to pay the fine. Prosecutorial 
discretion should be exercised in favor of rapid removal of 
illegal aliens from the United States. However, the civil 
penalty is intended to act as a deterrent to those who are 
otherwise determined to make repeated attempts to cross 
illegally into the United States.
    Section 106 authorizes the appropriation of funds necessary 
to detain and prosecute any alien who has attempted illegal 
entry into the U.S. on more than two occasions.
    Section 111 requires establishment of a pilot program to 
repatriate illegal aliens to the interior of their home 
countries. Release of aliens at the border, from where they can 
easily and immediately attempt re-entry, is particularly 
inappropriate in the case of aliens who have been ordered 
deported after proceedings before an immigration judge, and 
especially in the case of aliens involved in criminal activity. 
Releasing such deported aliens to a situation where they can 
immediately attempt re-entry undermines immigration 
enforcement, weakens border security, and increases the risk of 
crime.
    The Committee believes that the INS, in cooperation with 
other law enforcement agencies, should implement a number of 
approaches to make deportation more effective by reducing the 
likelihood that aliens physically removed from the United 
States will attempt re-entry. Primary effort should be given to 
programs for repatriating illegal aliens to the interior of the 
countries to which they are deported, thus making it more 
difficult for them to attempt illegal reentry. Repatriation to 
third countries, where the alien is removed to a country other 
than that from which the alien has arrived directly to the 
United States, also should be considered. For example, if a 
national of a third country crosses into the United States from 
Canada and is apprehended at the border, procedures should 
exist for removing that alien expeditiously to the alien's 
country of nationality. The Committee believes that the reforms 
of the removal process adopted in Title III of this bill would 
facilitate such efforts by the INS, and that pilot projects 
with a required report to Congress offer the best opportunity 
to identify sound approaches to this problem.
    Title I also addresses interior enforcement issues which 
relate directly to the problem of visa overstays and criminal 
aliens. Section 112 requires a pilot program to determine the 
feasibility of using closed military bases as INS detention 
centers. Lack of detention space is frequently cited as a 
reason why the INS is able to remove only a small fraction of 
deportable aliens. This problem is particularly acute when the 
INS is unable to detain criminal aliens. Use of converted 
military facilities may help bridge the gap between the need 
for detention space and available capacity. The INS already has 
planned to use one closed military facility as a site for 
training of new immigration officers and Border Patrol agents. 
Other uses of such facilities to aid in immigration enforcement 
should be pursued.
    Section 113 seeks to improve tracking of visa overstays by 
requiring pilot projects at 3 major international airports 
under which the INS would directly collect records of departure 
from every departing alien passenger. As previously discussed, 
the INS lacks the ability to accurately track whether aliens 
with permission to enter the United States temporarily leave 
within the time limit set for their departure. This makes it 
more difficult for the INS to assess the extent of the overstay 
problem, and more importantly, to determine if individual 
aliens are violating, or have violated, their nonimmigrant 
status. The United States should test the feasibility of a 
system of uniform departure controls for all aliens. Initial 
pilot projects should focus on airports with the highest volume 
of international travel. A pilot program should first be 
implemented in order to test the cost and effectiveness of a 
comprehensive departure control system before a decision is 
made to make such a program permanent. The pilot program, 
however, should be seen as a first step toward eventual 
implementation of a system that will enable INS to readily 
identify all aliens who violate their nonimmigrant status by 
overstaying.
    Section 121 authorizes the appropriation of funds to 
increase the number of investigators and other enforcement 
personnel deployed in the interior of the United States.

 Title II--Enhanced Enforcement and Penalties Against Alien Smuggling 
                           and Document Fraud

    Sections 201 through 205 permit the INS to seek wiretap 
authorization under 18 U.S.C. 2516(1) in investigations of 
alien smuggling and document fraud; make document fraud and 
alien smuggling crimes indictable as racketeering offenses 
under the Racketeer Influenced and Corrupt Organizations Act 
(RICO); increase criminal penalties for alien smuggling, 
particularly where the smuggling is done for financial gain, 
involves criminal aliens, or multiple illegal entries; increase 
the number of U.S. attorneys available for the prosecution of 
immigration crimes; and expand the undercover investigations 
authority of the INS.
    Section 211 through 216 increase civil and criminal 
penalties for document fraud, and establish new penalties for 
knowing preparation or presentation of fraudulent documents, 
and for making false claims to citizenship. Section 221 extends 
asset forfeiture authority under 18 U.S.C. 982(a) in the case 
of aliens convicted of passport or visa fraud, and section 222 
permits the issuance of subpoenas for bank records in 
investigating such crimes.

         Title III--Apprehension and Removal of Illegal Aliens

                Subtitle A--Reform of Removal Procedures

    Subtitle A of Title III (sections 301 through 309) 
streamlines rules and procedures in the Immigration and 
Nationality Act to make it easier to deny admission to 
inadmissible aliens and easier to remove deportable aliens from 
the United States. (Due to complexity of these provisions, 
detailed analysis and comment of some provisions is reserved to 
the section-by-section analysis.)
    Section 301 provides that aliens who have entered the 
United States without being legally admitted are now classified 
as ``inadmissible'' and, if apprehended, bear the same burden 
of proof as an alien seeking to be admitted at a port of entry: 
to establish clearly and beyond doubt that they are entitled to 
be legally admitted. Aliens who have been legally admitted, but 
who overstay their visas or otherwise violate their immigration 
status (such as by committing crimes), must establish by clear 
and convincing evidence that they are lawfully present. Aliens 
who have been illegally present in the U.S. for an aggregate of 
12 months will, with certain exceptions, not be eligible for 
permanent residence or other immigration benefits for 10 years.
    Section 301(e) makes inadmissible to the United States any 
former U.S. citizen who officially renounces United States 
citizenship for the purpose of avoiding taxation by the United 
States. The Committee intends that this section shall apply 
solely to those individuals who officially renounce their U.S. 
citizenship after the date on which this section becomes 
effective.
    Section 302 provides that an arriving alien can be denied 
entry into the U.S. by an immigration officer because of 
misrepresentation, use of fraudulent documents, or lack of any 
documents. The alien may be ordered removed without a hearing 
before an immigration judge, and without administrative or 
judicial review. This provision is based upon legislation 
approved by the Subcommittee on International Law, Immigration, 
and Refugees during the 103rd Congress.
    This provision is necessary because thousands of aliens 
arrive in the U.S. at airports each year without valid 
documents and attempt to illegally enter the U.S. Unless such 
aliens claim to be U.S. nationals, or state a fear of 
persecution, there is no requirement under the Constitution or 
international treaty to do anything other than return them, as 
promptly as possible, to where they boarded the plane to come 
here. Neither international law nor the Due Process Clause of 
the Fifth Amendment require that such aliens be given a hearing 
before an immigration judge or a right to appeal.
    Section 302 also requires that an alien subject to 
expedited removal who claims persecution or otherwise indicates 
a desire to apply for asylum be interviewed by an asylum 
officer to determine if the alien has a ``credible fear'' of 
persecution. A ``credible fear'' is established if the alien is 
more likely than not telling the truth, and if there is a 
reasonable probability that the alien will meet the definition 
of refugee and otherwise qualify for asylum. This standard, 
therefore, is lower than the ``well-founded fear'' standard 
needed to ultimately be granted asylum in the U.S.--the 
arriving alien need only show a probability that he will meet 
the well-founded fear standard. The credible fear standard is 
designed to weed out non-meritorious cases so that only 
applicants with a likelihood of success will proceed to the 
regular asylum process. If the alien meets this threshold, the 
alien is permitted to remain in the U.S. to receive a full 
adjudication of the asylum claim--the same as any other alien 
in the U.S.
    Under this system, there should be no danger that an alien 
with a genuine asylum claim will be returned to persecution. 
The initial screening, which should take place in the form of a 
confidential interview, will focus on two questions: is the 
alien telling the truth; and does the alien have some 
characteristic that would qualify the alien as a refugee. As in 
other cases, the asylum officer should attempt to elicit all 
facts relevant to the applicant's claim. It is not unreasonable 
to expect the applicant to be truthful in such an interview. 
Nor is it unreasonable to expect that, in the case of a person 
genuinely fleeing persecution, that the interview will yield 
sufficient facts to determine that the alien has a reasonable 
likelihood of being successful in the full asylum process.
    Section 302 permits the interview itself to be carried out 
by a full-time INS asylum officer, or by an INS inspector or 
other official who has received the complete training provided 
to full-time asylum officers and has reasonable access to 
country condition reports and other resources that are used by 
asylum officers to assess the credibility and foundation of 
asylum claims.
    Section 304 provides that there will be a single, 
streamlined ``removal proceeding'' before an immigration judge 
for all inadmissible and deportable aliens. This will replace 
the current exclusion proceedings under section 236 of the INA, 
and deportation proceedings under section 242. The 
consolidation will end procedural disputes contesting the type 
of proceeding an alien should be subject to, disputes that 
often turn on the elusive question of whether an illegal alien 
has been apprehended immediately upon entry, or evaded 
government control for a period of time. Instead, the focus 
will be upon whether the alien has or has not been lawfully 
admitted to the U.S.
    Section 304 also will simplify procedures for initiating 
removal proceedings against an alien. There will be a single 
form of notice, stating the nature and legal authority for the 
proceedings, the charges against the alien, the fact that the 
alien may be represented by counsel at no expense to the 
government, and, importantly, the specific requirement that the 
alien immediately provide the Attorney General with an address 
and phone number at which the alien may be contacted, as well 
as any change in that address or phone number. The Committee is 
particularly concerned with two problems regarding lack of 
accurate information on alien's addresses. First, many aliens 
do not leave forwarding addresses, thus making delivery of 
notice impossible. Second, there often are protracted disputes 
concerning whether an alien has been provided proper notice of 
a proceeding. This impairs the ability of the government to 
secure in absentia deportation orders in cases where aliens 
fail to appear for their hearings; in many such cases, aliens 
will petition to reopen their hearings on the grounds that they 
never received proper notice.
    Section 304 addresses these problems with a number of new 
requirements. First, it requires the INS to establish a central 
address file to accurately record address information, 
including changes, provided by aliens. Second, it provides that 
service by mail of the required notice of hearing is sufficient 
if there is proof of delivery to the most recent address 
provided by the alien. Third, it authorizes the immigration 
judge to enter an in absentia order if the alien fails to 
appear provided that there is proof of attempted delivery at 
this address. Fourth, it allows an alien to rescind an in 
absentia order only in the case of specified exceptional 
circumstances or if the alien demonstrates that notice was not 
received notwithstanding the alien's compliance with the notice 
of address requirements.
    At the time of the service of notice of hearing, or at any 
time thereafter, an alien must be provided oral notice, in a 
language the alien understands, of the time and place of the 
proceedings, and the consequences of failing to appear for the 
hearing. An alien who has been provided such notice and who 
nevertheless fails to appear also shall be ineligible for 
various immigration benefits, including voluntary departure, 
cancellation of removal, adjustment of status, and registry, 
for a period of 10 years.
    The burden of proof shall be on the alien at the hearing 
either to establish by clear and convincing evidence that he or 
she is lawfully present pursuant to a prior lawful admission 
or, in the case of an alien who has never been lawfully 
admitted, to establish beyond a doubt that he or she is 
entitled to be admitted. If the alien establishes that he or 
she has been lawfully admitted, the burden of proof shifts to 
the INS to establish by clear and convincing evidence that the 
alien is deportable. Aliens are limited to a single motion to 
reconsider and a single motion to reopen removal proceedings.
    Section 304 also removes the requirement that the written 
notice of hearing be provided in Spanish as well as English. 
The increased administrative burdens on the INS imposed by this 
requirement are not justified, especially in light of the fact 
that many immigrants served such notices do not speak Spanish. 
Section 304 also authorizes an immigration judge to enter an 
order of removal stipulated to by the alien (or representative) 
and the INS.
    Section 304 also redefines the relief available to aliens 
in removal proceedings. New limitations are placed on the 
practice of ``voluntary departure,'' to ensure that aliens 
granted this form of relief actually and timely depart the 
United States. An alien who is removable may apply for 
cancellation of removal if he or she has been a lawful 
permanent resident for not less than 5 years and has not been 
sentenced for 5 years due to commission of an aggravated 
felony; if he or she is a battered spouse or child of a citizen 
or lawful permanent resident and has been physically present 
for 3 years; or if the alien has been physically present for 
and has been a person of good moral character for 7 years 
preceding the application. The time period for continuous 
physical presence terminates on the date a person is served a 
notice to appear for a removal proceeding or if the alien is 
absent from the United States for an aggregate period in excess 
of 180 days. There is an annual cap of 4,000 on cancellations 
of removal, to be effective immediately, and to include the 
cases of persons who are eligible for suspension of deportation 
because they were served a notice of hearing prior to the 
enactment of this bill.
    Section 305 seeks to ensure that aliens with a final order 
of removal under the streamlined procedures established in 
section 304 are removed from the U.S. within a target period of 
90 days from the entry of such order and, during that time, are 
either detained or released on conditions that ensure they will 
appear for removal.
    These mandates represent a significant departure from 
current law and practice, which often permit aliens who have 
final orders of deportation to remain in the U.S. indefinitely. 
Numerous factors are cited for this failure to deport: 
insufficient detention space, lack of resources to apprehend 
aliens for deportation, and archaic procedures which provide 
advance notice to aliens of when they must report for 
deportation--a practice charitably characterized as a ``run 
letter.'' H.R. 2202 specifically addresses all of these 
factors, by increasing detention space (including the use of 
closed military facilities on a pilot basis), increasing the 
number of interior enforcement personnel, including 
specifically detention and deportation officers, and, in this 
section, establishing procedures that will ensure that an order 
of removal is no longer a dead letter, but results in an actual 
physical removal of the alien.
    Yet, perhaps the most critical factor in lax enforcement of 
deportation orders is what happens--or, more precisely, does 
not happen--when an immigration judge enters an order of 
deportation. Unless the alien is currently under detention 
(which is the exception, not the rule), the alien walks out of 
court scot-free: the immigration judge imposes no bond 
requirement, establishes no firm date for departure, and 
obtains no assurance that the alien will be prepared to depart 
when the INS is ready to remove him. With such lax procedures, 
it should come as no surprise that a high percentage of aliens 
abscond. As a result, the resources expended to identify, 
apprehend, and provide a hearing to a deportable alien are all 
too often wasted.
    Under section 305, an alien must be detained during the 90-
day ``removal period,'' which commences when an order of 
deportation is final. Since most aliens ordered deported do not 
file appeals, this detention can ordinarily begin when the 
order is entered. (Such detention, of course, would not prevent 
the alien from filing an appeal, in which case the alien could 
be released on bond.) If detention space is not available, the 
alien may be released on bond and under conditions prescribed 
by the Attorney General in order to ensure that the alien 
appears for deportation. The Committee strongly recommends that 
the INS and immigration judges be charged with the requirement 
to impose conditions that will ensure the alien is available 
for deportation when all proceedings are complete and travel 
documents have been obtained. An alien under an order of 
deportation, moreover, may not be granted work authorization 
unless the alien cannot be removed because there is no country 
willing to accept the alien or if the Attorney General 
determines that deportation is contrary to the public interest.
    The objective of section 305 is that the entry of an order 
of removal be accompanied by specific requirements to ensure 
that the alien will depart the U.S. No set of reforms in this 
legislation is more important to establishing credibility in 
enforcement against illegal immigration.
    Section 306 preserves the right to appeal from a final 
administrative order of removal (first issued by an immigration 
judge, then reviewed by the Board of Immigration Appeals) to 
one of the Federal circuit courts of appeals. The bill limits 
rights in cases where the alien's right to relief is limited by 
statute: arriving aliens who clearly have no right to enter the 
U.S.; illegal aliens who also have committed aggravated 
felonies; and aliens who have failed to appear for their 
immigration hearings. Judicial review in such cases is limited 
to whether the alien has been correctly identified as being 
subject to expedited procedures for removal, and whether the 
appropriate procedures have been followed.
    Section 306 also limits the authority of Federal courts 
other than the Supreme Court to enjoin the operation of the new 
removal procedures established in this legislation. These 
limitations do not preclude challenges to the new procedures, 
but the procedures will remain in force while such lawsuits are 
pending. In addition, courts may issue injunctive relief 
pertaining to the case of an individual alien, and thus protect 
against any immediate violation of rights. However, single 
district courts or courts of appeal do not have authority to 
enjoin procedures established by Congress to reform the process 
of removing illegal aliens from the U.S.
    Section 307 provides that aliens who are ordered removed or 
granted voluntary departure and do not depart the U.S. on time 
are subject to civil penalties and excludes them from most 
immigration benefits. Members of terrorist organizations are 
deemed inadmissible to the U.S., and alien terrorists are 
ineligible for asylum or withholding of deportation. Arriving 
aliens who are inadmissible on terrorist grounds are subjected 
to an expedited removal procedure under the jurisdiction of the 
Attorney General.

      Subtitle B--Removal and Inadmissibility of Alien Terrorists

    Subtitle B of Title III (sections 321 through 332) provides 
that in cases where the use of normal removal proceedings would 
risk national security, the deportation charges against 
suspected alien terrorists may be adjudicated in special 
procedures conducted before one of five Federal district court 
judges specially appointed to serve in such cases by the Chief 
Justice of the Supreme Court. The special hearings will be open 
to the public but conducted to ensure the confidentiality of 
classified national security information. Aliens have the right 
to court-appointed attorneys, to confront adverse evidence, and 
to present evidence. The judges may consider classified 
evidence in camera, and provide a summary of such evidence to 
the alien, unless providing the summary would cause harm to the 
national security or to any person. Aliens may be detained in 
most cases throughout the proceeding and expeditiously removed 
after entry of an order of removal.
    These special procedures are intended to address the rare 
circumstance when the government is not able to establish the 
deportability of an alien under section 241(a)(4)(D) of the INA 
without recourse to evidence the disclosure of which would pose 
a risk to the national security of the United States. They are 
exclusively to be used in cases where the alien is deportable 
under section 241(a)(4)(D). The Committee expects that these 
procedures will be used infrequently, and requests that the 
government will exercise utmost discretion in seeking to 
initiate proceedings under Subtitle B. Moreover, with the 
enactment of the provisions of Title I and Title II directed at 
securing the nation's borders and preventing immigration-
related crimes, and the remaining provisions of Title III which 
streamline the administrative removal process, the numbers of 
cases in which these special deportation procedures must be 
used hopefully will be further diminished.
    These special procedures are designed to protect the 
``fundamental requirement of due process[:] . . . the 
opportunity to be heard `at a meaningful time and in a 
meaningful manner.' '' 86 The Supreme Court has 
acknowledged that `` `due process is flexible and calls for 
such procedural protections as the particular situation 
demands.' '' 87 The Court's decisions indicate that three 
factors must be weighed in determining if the procedures to 
which one is subjected meets the constitutional threshold.
    \86\ Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (citing 
Armstrong v. Manzo, 380 U.S. 545, 552 (1965); Grannis v. Ordean, 234 
U.S. 385, 394 (1914)).
    \87\ Mathews, 424 U.S. at 334 (quoting Morrissey v. Brewer, 408 
U.S. 471, 481 (1972)).

          [T]he private interest that will be affected by the 
        official action; second, the risk of an erroneous 
        deprivation of such interest through the procedures 
        used, and the probable value, if any, of additional or 
        substitute procedural safeguards; and finally, the 
        government's interest, including the function involved 
        and the * * * burdens that the additional or substitute 
        procedural requirement would entail.88
    \88\ Mathews, 424 U.S. at 335, 347.

    These factors have been taken into full account in drafting 
section 321.
    First, section 321 recognizes that an alien present in the 
U.S. has a constitutional liberty interest to remain in the 
U.S., and that this liberty interest is most significant in the 
case of a lawful permanent resident alien.

          [I]t is clear that, in defining an alien's right to 
        due process, the Supreme Court is concerned with 
        whether he is a permanent resident. * * * A permanent 
        resident alien [has] a stake in the United States 
        substantial enough to command a higher level of 
        protection under the due process clause before he may 
        be deported. The result of such an action after all, 
        may be to separate him from family, friends, property, 
        and career, and to remit him to starting a new life in 
        a new land. * * * [E]ven a manifest national security 
        interest of the United States cannot support an 
        argument that [a permanent resident alien] is not 
        entitled, as a threshold matter, to protection under 
        the due process clause. Once across that threshold, the 
        calculus of just how much process is due involves a 
        consideration of the Government's interests in 
        dispensing with procedural safeguards.89
    \89\ Rafeedie v. INS, 880 F.2d 506, 522 (D.C. Cir. 1989). See also 
Landon v. Plasencia, 459 U.S. 21, 32 (1982) (``[O]nce an alien gains 
admission to our country and begins to develop the ties that go with 
permanent residence, his constitutional status changes accordingly.''); 
Mathews, 424 U.S. at 333.

    No alien, in particular a permanent resident alien, would 
be subject to deportation without an opportunity to contest 
that deportation. Even in the case where confidential 
information may be used without disclosure to the alien, 
section 321 provides protections adequate under the due process 
clause of the Fifth and Fourteenth Amendment, by permitting, in 
the case of a lawful permanent resident, a special attorney 
representing the alien to review and contest the information.
    Second, the risk of an erroneous deprivation of the liberty 
interest is remote. The government's burden of proof, as in 
regular deportation proceedings, is to establish by clear and 
convincing evidence that the alien is deportable. This 
determination, moreover, is to be made in the first instance by 
a judge serving pursuant to Article III of the Constitution, 
which enhances the due process provided to an alien terrorist 
above that provided in regular deportation proceedings, in 
which the presiding immigration judge is an employee of the 
Department of Justice. Furthermore, the alien is entitled to be 
represented by counsel at government expense, a privilege that 
is not extended to aliens under Title II of the INA, which 
stipulates that the alien's representation is to be at no 
expense to the government. Finally, the determination is 
subject to appellate review. As discussed in greater detail 
below, the risk of error arising from in camera and ex parte 
consideration of classified evidence is minimized through the 
procedural safeguards limiting reliance on such evidence 
without any disclosure to the alien.
    Third, there can be no gainsaying the compelling nature of 
the government's interest in the prompt removal of alien 
terrorists from U.S. soil, or in protecting the ability of the 
government to collect and rely upon confidential information 
regarding alien terrorists who may be present in the U.S. 
Piercing this provision's limited veil of secrecy over 
classified evidence will clearly make it more difficult to 
gather evidence against suspected terrorists and to convince 
international sources that such information will be secure in 
the hands of our government, and ultimately lead to alien 
terrorists being able to remain in the U.S. to harm our 
citizens and lawful residents, while the Government waits, 
hoping that another ground for deportation is made available.
    The most salient distinction between the procedures 
constructed in section 321 and those normally available under 
Title II of the INA is the provision for use of classified 
information. All of the procedures and procedural protections 
in section 321 flow from this fundamental policy decision: that 
reliable and relevant classified information should be 
available to be used to establish the deportability of an alien 
terrorist. This policy in itself causes no constitutional 
difficulty, and the protections against abuse of that policy by 
the government are more than adequate to protect the 
constitutional interests at stake.
    The Supreme Court and lower federal courts have upheld the 
authority of the INS to use classified information in the cases 
of aliens who seek discretionary relief from deportation, 
without disclosing such information to the applicant.90 
Thus, the use of nondisclosed classified information to inform 
a court's decision whether or not to order deportation has 
precedent and is not unconstitutional on its face.
    \90\ Jay v. Boyd, 351 U.S. 345, 358-60 (1956); Suciu v. INS, 755 
F.2d 127, 128 (8th Cir. 1985)(per curiam). See also Naji v. Nelson, 113 
F.R.D. 548, 551-552 (N.D. Ill. 1986).
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    Furthermore, the clear intent of section 321 is that all 
information used to support the charge of deportability will be 
disclosed to the applicant. This intent is most clearly seen by 
considering the substantive and procedural hurdles the 
government must satisfy before confidential information may be 
considered in camera as part of the record. First, in order to 
even convene a special deportation proceeding, the government 
must present a petition personally approved by the Attorney 
General or the Deputy Attorney General to one of the federal 
district court judges serving on the special deportation court. 
Placing these proceedings before an Article III judge provides 
such aliens an enhanced measure of due process that is not 
accorded to other deportable aliens, whose cases are heard by 
administrative judges under the direction of the Attorney 
General.
    Second, the proceeding cannot commence unless the judge 
finds probable cause to believe that the alien has been 
correctly identified, is a terrorist, and that the use of 
normal deportation procedures under Title II of the INA would 
pose a risk to national security.
    Third, the Department of Justice has the burden to prove by 
clear and convincing evidence that the alien is deportable. 
Classified information may be presented in camera and ex parte. 
However, a summary of such evidence sufficient to inform the 
alien of the nature of the evidence and to permit the alien to 
prepare a defense must be approved by the judge and provided to 
the alien. If the judge does not believe the summary to be 
adequate, and the government cannot correct the deficiencies, 
the proceedings will be terminated.
    Fourth, the only circumstance in which the consideration of 
classified information in camera can proceed without providing 
a summary to the alien is if the judge finds that the continued 
presence of the alien in the U.S., or the provision of the 
summary, would cause serious and irreparable harm to the 
national security or death or serious bodily injury to any 
person. This is, intentionally, a strict standard, designed to 
emphasize the clear policy of this legislation that the alien 
have appropriate notice of the evidence against him and an 
opportunity to prepare and present a defense.
    Fifth, as an additional protection, section 321 provides, 
in the case of an alien lawfully admitted for permanent 
residence, that confidential information may be disclosed to a 
special attorney appointed for this purpose by the judge. The 
attorney may not disclose such information to the alien or any 
other party under pain of fine and imprisonment, but may 
present all relevant arguments against the admissibility, 
relevance, credibility, or probative value of the evidence.
    As noted previously, the Constitution does not forbid the 
use of classified information in rendering decisions on the 
right of an alien to remain in the United States. The 
procedures established in section 321 permit use of classified 
information in deportation proceedings, while protecting to the 
maximum extent possible consistent with the classified nature 
of such information the ability of the alien to examine, 
confront, and cross-examine such evidence. Any further 
protection of the alien's rights in this regard would 
eviscerate the ability of the government to rely upon such 
information and protect its classified nature, an objective 
that is grounded on national interests of the most compelling 
nature.
    Subtitle B also makes representatives and members of 
organizations designated by the Secretary of State as terrorist 
organizations inadmissible to the U.S. and ineligible for 
asylum, withholding of deportation, suspension of deportation 
(cancellation of removal), voluntary departure, and registry.
    The objective of preventing terrorist aliens from entering 
the U.S. is equally important to the national interest as the 
removal of alien terrorists. On this question, the demands of 
due process are negligible, and Congress is free to set 
criteria for admission and screening procedures that it deems 
to be in the national interest. ``Aliens seeking admission to 
the United States cannot demand that their application for 
entry be determined in a particular manner or by use of a 
particular type of proceeding. For those aliens, the procedure 
fixed by Congress is deemed to be due process of law.'' 91 
The Supreme Court observed in Knauff v. Shaughnessy ``that an 
initial entrant has no liberty (or any other) interest in 
entering the United States, and thus has no constitutional 
right to any process in that context; whatever Congress by 
statute provides is obviously sufficient, so far as the 
Constitution goes.'' 92 ``Our starting point, therefore, 
is that an applicant for initial entry has no constitutionally 
cognizable liberty interest in being permitted to enter the 
United States.'' 93
    \91\ Rafeedie v. INS, 880 F.2d 506, 513 (D.C. Cir. 1989) (citing 
Knauff v. Shaughnessy, 338 U.S. 537 (1950)) (emphasis in original).
    \92\ Rafeedie, 880 F.2d at 520.
    \93\ Id.
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    Under these provisions, an alien will be inadmissible if 
the alien is a representative of a terrorist organization or a 
member of an organization that the alien knew or should have 
known was a terrorist organization. This distinction is 
intended to ensure that aliens who are most active as 
directors, officers, commanders, or spokespersons for terrorist 
organizations are strictly barred from entering the U.S. An 
alien who is merely a member of a terrorist organization will 
be considered under a slightly less strict standard that 
incorporates a scienter requirement that the alien knew or 
should have known that the organization is terrorist in nature. 
Thus, an alien innocent of involvement with or knowledge of 
terrorist activity on the part of an organization of which he 
or she was merely a member would not necessarily be 
inadmissible to the U.S.
    An organization will be considered ``terrorist'' for 
purposes of these provisions only if it has been designated as 
such by the Secretary of State after consultation with the 
Attorney General, and after consultation with the Committees on 
the Judiciary of the House of Representatives and the Senate. 
Only foreign organizations and subsidiary foreign groups that 
have engaged in, or are engaging in, terrorist activity (as 
that term is currently defined in the INA) and whose acts pose 
a threat to the national security of the United States, can be 
so designated. The Secretary of State, in consultation with the 
Attorney General, may remove any such designation once made. 
The designation is subject to judicial review upon its being 
made public and, by law, may be removed by Congress.

                    Subtitles C and D--Miscellaneous

    The remainder of title III contains a number of 
miscellaneous provisions, including a definition of 
``stowaway;'' a clarification of the definition of 
``conviction'' for immigration law purposes; a definition of 
``immigration judge'' together with a salary schedule for the 
position; the establishment of an ``Immigration Enforcement 
Account'' for the deposit of civil penalties; an authorization 
for use of retired Federal employees in the Institutional 
Hearing Program; the setting of conditions for prisoner 
transfer treaties with foreign states; amendments to the 
criminal alien identification system; and provisions to protect 
the confidentiality of battered women and children.

             Title IV--Employer Sanctions and Verification

    H.R. 2202 recognizes that the solution to the problems in 
employer sanctions is twofold. First, the number of employment 
eligibility documents employers are required to review must be 
reduced. Currently, employees can submit one or more of 29 
different documents. Title IV reduces this to six: a passport 
or alien registration card or resident alien card, or a social 
security card in combination with a driver's license or state 
ID card.
    More importantly, there must be an authoritative check of 
the veracity of the documents provided by new employees. Such a 
verification mechanism will be instituted on a pilot basis, 
using existing databases of the SSA and the INS. Every person 
in America authorized to work receives a social security 
number. Aliens legally in this country (and many illegal 
aliens) have alien identification numbers issued by the INS. If 
a verification mechanism could compare the social security 
(and, for a noncitizen, alien number) provided by new employees 
against the existing databases, individuals presenting 
fictitious numbers and counterfeit documents, or who are not 
authorized to be employed, would be identified. A verification 
system could ``prevent use of never-issued numbers, numbers 
restricted to nonwork purposes, and numbers belonging to 
deceased people.'' 94
    \94\ Social Security Administration, Department of Health and Human 
Services, A Social Security Number Validation System: Feasibility, 
Costs, and Privacy Considerations 2 (1988) (hereinafter cited as Social 
Security Number Validation System).
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    Title IV will institute pilot projects testing this 
verification mechanism in at least five of the seven states 
with the highest estimated populations of illegal aliens. All 
employers in such states having 4 or more employees will be 
involved. The pilots will terminate no later than October 1, 
1999. The mechanism cannot be expanded nationwide without 
authorization by Congress.
    The verification mechanism would work as follows: As under 
current law, once an applicant has accepted a job offer, he or 
she will present certain documents to the employer. The 
employer, within three days of the hire, must examine the 
document(s) to determine whether they reasonably appear on 
their face(s) to be genuine and complete an I-9 form attesting 
to this examination.
    The employer will also have three days from the date of 
hire (which can be before the date the new employee actually 
reports to work) to make an inquiry by phone or other 
electronic means to the confirmation office established to run 
the mechanism. Additional time will be provided in the event 
the confirmation office cannot respond to all inquiries. If the 
new hire claims to be a citizen, the employer will transmit his 
or her name and social security number. The confirmation office 
will compare the name and social security number provided 
against information contained in the Social Security 
Administration database. If the new hire claims to be a non-
citizen, the employer will transmit his or her name, social 
security number and alien identification number. The alien 
number is needed despite the fact that all work authorized 
aliens have social security numbers because (1) in some 
instances a social security number will not have been issued by 
the time of the verification attempt and (2) the SSA database 
does not provide information on changes in work eligibility 
status occurring after the number is issued. The confirmation 
office will compare the name and social security number 
provided against information contained in the SSA database and 
will compare the name and alien number provided against 
information contained in the INS database.
    When the confirmation office ascertains that the new hire 
is eligible to work, the operator will within three days so 
inform the employer and provide a confirmation number. If the 
confirmation office cannot confirm the work eligibility of the 
new hire, it will within three days so inform the employer of a 
tentative nonconfirmation and provide a tentative 
nonconfirmation number. If the new hire wishes to contest this 
finding, ``secondary verification'' will be undertaken. 
Secondary verification is an expedited procedure set up to 
confirm the validity of information contained in the government 
databases and provided by the new hire. Under this process, the 
new hire will typically contact or visit the SSA and/or INS to 
see why the government records disagree with the information he 
or she has provided. If the new hire requests secondary 
verification, he or she cannot be fired on the basis of the 
tentative nonconfirmation. The employee has 10 days to 
reconcile the discrepancy. If the discrepancy is reconciled, 
then confirmation of work eligibility and a confirmation number 
is given to the employer by the end of this period. If the 
discrepancy is not reconciled or the employee does not attempt 
to reconcile the information, then final denial of confirmation 
and a final nonconfirmation number will be given by the end of 
this period; the employer must then dismiss the new hire as 
being ineligible to work in the United States.95
    \95\ The process under which discrepancies are investigated and 
either reconciled or not reconciled is called ``secondary 
verification.'' See notes 100-103 and accompanying text.
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    Title IV provides protection to both employers and 
employees. Employers will be shielded from liability for 
actions they take in good faith reliance on information 
provided by the confirmation mechanism. Employees who would not 
have been dismissed from their jobs but for errors contained in 
the databases or made by the verification mechanism will be 
entitled to compensation through the Federal Tort Claims Act.
    Title IV's verification mechanism will most likely reduce 
any temptation to engage in employment discrimination based on 
considerations of national origin. Currently, employers might 
be tempted not to hire job applicants who look or sound 
``foreign'' in order to protect themselves from being penalized 
for hiring illegal aliens. After the verification mechanism is 
implemented, employers will receive independent confirmation 
that their new hires are work-authorized. The temptation to 
worry--and to discriminate--will be greatly reduced. As to any 
burden secondary verification may place on employers, it must 
be remembered that verification can only take place after an 
employee is offered a job. Thus, if an employer were to revoke 
a job offer because secondary verification were required, the 
employee would immediately know that illegal verification-
related discrimination had taken place and could file a 
complaint with the Justice Department's Office of Special 
Counsel.
    The verification mechanism also does not present civil 
liberties concerns. The system requires no new document, let 
alone anything approaching a ``national ID'' card. It requires 
no modification of existing identification documents. It 
requires no new federal government database and entails the 
collection by the federal government of no new data. It relies 
on information that the SSA and the INS have been recording for 
years. Employees' privacy is protected since the information 
contained in the existing government databases cannot be 
disseminated, under penalty of law to employers or anyone else. 
Employers will merely be told yes (information provided by an 
employee matches information contained in the databases and the 
person is eligible to work), or that secondary verification is 
required (the information indicates that the employee is not 
authorized to work or that there is a discrepancy) and later, 
whether secondary verification was or was not successful in 
confirming the identity and work eligibility of the employee.
    Verification mechanisms like that proposed by Title IV have 
in fact been tested in recent years. In the late 1980's, the 
Social Security Administration tested a system in which about 
1,500 volunteer employers received confirmation of work 
authorization of prospective employees and new hires by 
telephoning Social Security and transmitting social security 
numbers.96 Upon evaluation of the pilot, it was determined 
that ``given sufficient leadtime and resources, a [social 
security number] validation system using public telephone lines 
could be developed.'' 97 Since 1992, the INS has been 
testing a ``telephone verification system'' with first nine and 
now 223 volunteer employers who check the eligibility to work 
of new hires identifying themselves as aliens by contacting the 
system through telephones and ``point-of-sale'' devices and 
transmitting alien numbers.98
    \96\ See Social Security Number Validation System.
    \97\ Id. at 7.
    \98\ Office of Information Resources Management, Records Systems 
Division, SAVE Program Branch, Immigration and Naturalization Service, 
Telephone Verification System (TVS) Pilot: Report on the Demonstration 
Pilot-Phase 1 (1993) (hereinafter cited as Telephone Verification 
System).
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    Employers who took part in the first phase of the INS' 
pilot program: (1) unanimously recommended that it be 
implemented as a permanent program; (2) unanimously indicated 
that they would be willing to pay for the service; (3) 
indicated in 100 percent of the monthly survey responses that 
overall procedures were beneficial; (4) indicated in 100 
percent of the monthly survey responses that primary 
verification was easy to use; (5) indicated in 99 percent of 
the monthly survey responses that primary verification was 
useful; and (6) indicated in 99 percent of the monthly survey 
responses that secondary verification response was 
satisfactory.99
    \99\ Id. at 9-10, 16.
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    Questions have been raised about the accuracy of data in 
the SSA and INS databases, based on the apparently high rates 
of secondary verification required in both the SAVE program 
(Systematic Alien Verification for Entitlements) and the INS 
and Social Security pilot projects testing 
verification.100 The concern is misplaced. Secondary 
verification is ordered whenever an employee or benefits 
applicant provided information that does not match that in the 
database. It typically involves a review of the files by the 
applicable government agency and can take from a few days to a 
few weeks. Secondary verification does not necessarily mean 
database error; it is often the fault of the employee or the 
applicant for mistakenly providing erroneous information or 
deliberately providing fictitious information.101
    \100\ The SAVE program, established by section 121 of IRCA, 
requires state social service agencies to check alien eligibility for 
federal benefits through an INS database. See Verification of 
Eligibility for Employment and Benefits: Hearing Before the Subcomm. on 
Immigration and Claims of the House Comm. on the Judiciary, 104th 
Cong., 1st Sess. 36-37 (March 30, 1995) (Statement of Robert L. Bach, 
Executive Associate Commissioner, Policy and Planning, Immigration and 
Naturalization Service).
    In FY 1994, the SAVE system secondary verification rate was 17 
percent. See 1994 Commission Report at 74. The INS pilot project 
registered a 28 percent secondary verification rate from April to 
December 1993. See Telephone Verification System at 11. The Social 
Security Administration pilot project (conducted from January 1987 to 
October 1988) registered a 17 percent secondary verification rate. See 
Social Security Number Validation System at 6.
    \101\ For example, an inquiry to INS could require secondary 
verification for any of the following reasons: (1) the INS database 
correctly indicates the alien is not eligible to work; (2) the INS 
database has no information on the alien because the alien has provided 
a false alien number; (3) the alien gave the employer a different 
spelling of his name from that in the INS database; (4) the INS has 
been tardy in entering the immigrant's alien number into its database; 
or (5) the INS database is in error. As part of the pilot program, the 
INS must review and update its data in order to ``promote[] . . . 
maximum accuracy and shall provide a process for the prompt correction 
of erroneous information.'' Additionally, computer programs can be 
designed to allow for common alternative spellings of names.
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    In cases where the alien has assumed a fictitious identity 
or is legally present but not authorized to work, secondary 
verification will reveal that the system worked properly in 
declining to provide employment eligibility confirmation. In 
cases where the alien is eligible to work but provided 
incorrect information or there was an error in the INS 
database, secondary verification should result in confirmation 
of employment eligibility. In the Social Security 
Administration pilot, only 12 percent of individuals initially 
denied confirmation bothered to contact the 
Administration,102 indicating the other 88 percent were 
probably not eligible to work to begin with. In the first phase 
of the INS pilot, secondary verification confirmed 
noneligibility to work 43 percent of the time.103
    \102\ See A Social Security Number Validation System at appendix C.
    \103\ Telephone Verification System at 12.
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    The Principal Deputy Commissioner of the Social Security 
Administration testified before the Subcommittee on Immigration 
and Claims on June 29, 1995, that ``[o]ur information on name, 
social security number, and so forth, so far as we know is 
absolutely accurate.'' Asked whether he ``perceive[d] any 
problem being able to identify whether there's an individual 
with a particular social security number'', he responded in the 
negative.104 The Executive Associate Commissioner for 
Policy and Planning of the INS testified before the 
Subcommittee on March 30, 1995, that the INS is pursuing 
initiatives to ``reduce[] error and creat[e] a capacity for 
resolving any errors which might now exist. The goal of these 
improvements is to enable INS to provide timely and accurate 
responses to verification requests.'' 105
    \104\ H.R. 1915, the Immigration in the National Interest Act of 
1995: Hearing Before the Subcomm. on Immigration and Claims of the 
House Comm. on the Judiciary, 104th Cong., 1st Sess. (1995) (statement 
of Lawrence H. Thompson).
    \105\ Hearing: Verification of Eligibility for Employment and 
Benefits, supra note 100, at 36 (statement of Robert L. Bach).
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                   Title V--Legal Immigration Reform

    Title V reforms the legal immigration system of the United 
States. Any alien who seeks to immigrate to the U.S. must be 
admitted under one of these four categories: (1) family-
sponsored immigrants; employment-based immigrants; humanitarian 
immigrants; and diversity immigrants. (Due to the complexity of 
these provisions, detailed analysis and comment on some 
provisions is reserved to the section-by-section analysis.)
    Sections 501 through 504 establish worldwide levels for 
family-sponsored (330,000), employment-based (135,000), 
diversity (27,000) and humanitarian (70,000) immigrants. 
Section 505 specifies that these worldwide levels are effective 
only through FY 2005, by which time Congress must review and 
reauthorize new legal immigration levels. Furthermore, the 
review and reauthorization process is to take place every five 
years thereafter.
    Under sections 511 and 512, family-sponsored immigrants 
are: (1) spouses and unmarried children under 21 of U.S. 
citizens; (2) spouses and unmarried children under 21 of lawful 
permanent residents; (3) parents of U.S. citizens; and (4) 
dependent adult sons and daughters of U.S. citizens and lawful 
permanent residents, who are under age 26, never-married, and 
childless. Section 518 provides for the admission of disabled 
adult sons and daughters as ``children.'' Section 501 sets an 
approximate annual ceiling for family-sponsored immigrants at 
330,000, allocated as follows: for nuclear family of U.S. 
citizens, no annual limitation; for nuclear family of lawful 
permanent residents, 85,000; for parents of U.S. citizens, 
50,000; and for dependent adult sons and daughters, 10,000. 
Section 553 provides that the current backlog of spouses and 
children of permanent resident aliens is to be reduced by an 
average of 110,000 per year (based on current estimates of the 
backlog) over a five-year period.
    These provisions will give highest priority in the 
immigration system to unification of the nuclear family, and 
shift the emphasis from chain migration of extended families to 
preservation of the nuclear family, which should be a 
cornerstone of our immigration policy. The spouses and minor 
children of U.S. citizens will be admitted without any 
numerical limits. The spouses and children of lawful permanent 
residents will be the first family-preference category, and the 
special backlog reduction provisions in section 553 will ensure 
that the backlog in this category is eliminated. The category 
should then be sufficient to meet current demand.
    Section 512 also requires that the parents of citizens 
being sponsored as immigrants must have insurance to cover 
their health care costs and potential long-term care needs. 
This requirement is imposed because of substantial evidence 
that many immigrant parents come to the U.S. to take advantage 
of welfare benefits for which they have not contributed. The 
number of immigrants receiving Supplemental Security Income 
(SSI) has risen 580 percent during the past twelve years. 
Impoverished immigrant parents also become eligible for 
Medicaid, which provides health care virtually without cost. In 
many cases, sponsoring children abandon financial 
responsibility for their parents just so that they can be 
eligible for these benefits.
    Requiring the purchase of health insurance and long-term 
care insurance will ensure that the children who sponsor their 
parents do not incur obligations that they cannot meet, and 
protect American taxpayers from footing the bill for the health 
care costs of immigrants who have not contributed to the 
system.
    Under section 513, employment-based immigrants are: (1) 
aliens with extraordinary ability (visas not to exceed 15,000); 
(2) aliens who are outstanding professors and researchers, or 
who are multinational executives and managers (visas not to 
exceed 30,000, plus unused visas from category (1)); (3) aliens 
who are professionals with advanced degrees, and aliens of 
exceptional ability (30,000, plus unused visas from previous 
categories); (4) professionals and skilled immigrants, who are 
either professionals with a baccalaureate degree and experience 
or skilled workers with training and work experience (45,000 
visas, plus unused visas from previous categories); (5) 
investor immigrants (10,000 visas), who invest at least $1 
million in a U.S. company that employs at least 10 workers 
(with a pilot program through 1998 allowing for a $500,000 
investment and the hiring of 5 workers); and (6) special 
immigrants (5,000 visas). Section 502 sets the annual limit for 
employment-based immigrants at 135,000.
    Experience requirements are increased for immigrants in 
category (4): skilled workers are required to have 4 years 
experience, and professionals with baccalaureate degrees, 2 
years. (These new requirements refer to the background of the 
alien as of the time the immigrant petition is filed, and not 
to the requirements of the job, which must, as under current 
law, require at least 2 years of training or experience for a 
skilled worker and a baccalaureate degree for a professional 
position.) This experience (in the relevant profession or 
field) can be obtained with the petitioning employer, including 
(but not necessarily) during a period of lawful admission as a 
nonimmigrant worker, such as an H-1B, but cannot be obtained 
during a period of illegal residence in the U.S. The ``national 
interest'' waiver for immigrants in category (3) is also 
reformed, to prevent current abuses in the granting of such 
waivers. The labor certification requirement can be waived for 
category (3) if the alien's particular skills or education are 
uniquely necessary and substantially benefit the national 
interest in several specifically-defined areas, including 
national security, national defense, the provision of health 
care or other services to low income Americans, and the 
development of new technologies.
    Section 514 reforms the diversity immigrant program 
established in the Immigration Act of 1990. The revised program 
will allow admission of 27,000 immigrants each year from a 
maximum of 10 countries designated as ``low admission states'' 
within each of six regions. To be eligible for a diversity 
visa, the alien must have a verified job offer in the U.S., a 
high school education or its equivalent, and a minimum of two 
years experience in an occupation that requires at least two 
years of training. No alien who at the time of application or 
at any time during the previous five years has been illegally 
present in the U.S. is eligible to receive a diversity visa.
    Sections 521 and 524 establish categories for refugees and 
other humanitarian immigrants. The annual level for such 
immigrants is 70,000 (95,000 in 1997), consisting of: refugees, 
50,000 (75,000 in 1997), unless Congress sets a higher number 
by law, or the President declares an emergency; and other 
humanitarian immigrants, 10,000. Section 521 also reforms the 
refugee consultation process by requiring that the annual 
consultations take place by July 1. The refugee provisions in 
section 521 accomplish several important goals. First, they 
ensure the availability of a minimum number of visas sufficient 
to meet the State Department's anticipated demand for refugee 
resettlement. Second, they will involve Congress more directly 
in decisions to set refugee policy, by setting a reasonable 
deadline for the consultation process and requiring legislation 
to raise the refugee target except in emergency situations. 
Third, they preserve flexibility by permitting the President to 
admit additional refugees in the case of an emergency (not 
merely an ``unforeseen'' emergency, as under current law.) 
Section 521 provides that the number of annual refugee 
admissions designated by the President may not exceed 75,000 in 
fiscal year 1997 or 50,000 in any succeeding fiscal year 
thereafter. These levels may be exceeded only if: (1) Congress 
provides by law for a higher number; or (2) the President 
declares the existence of an emergency which requires 
additional refugee admissions. The current requirement that an 
emergency be ``unforeseen'' for the purpose of admitting 
refugees outside of the set limits for a particular fiscal year 
is deleted.
    By deleting the ``unforeseen'' requirement, the President 
will have more flexibility in increasing the refugee numbers 
when circumstances indicate that a true emergency has created 
an immediate need to process and resettle additional refugees. 
This change does not obviate the need for consultation between 
the President and the House and Senate Committees on the 
Judiciary.
    Additionally, this section amends section 207(d)(1) of the 
INA to require the President to report to the House and Senate 
Judiciary Committees by June 1 of the preceding fiscal year on 
the number and allocation of refugee admissions for the 
subsequent fiscal year, and requires the series of discussions 
on this report under subsection (e) to occur by July 1.
    The category for humanitarian visas in section 524 is 
designed to meet the need for a flexible, transparent category 
that will be available for any specific situation in which 
admission of an alien is of special humanitarian concern to the 
United States. This category is specifically intended to 
replace the need for special admission categories tailored to 
special interests, and particularly to end the practice of 
admitting aliens on a permanent basis through grants of parole 
under section 212(d)(5).
    The Attorney General may use this discretionary category, 
for example, to admit specific individuals of humanitarian 
concern to the U.S. who have assisted the government in past 
legitimate military operations. In many cases, these 
individuals do not qualify as refugees and can only come to the 
country if the Attorney General chooses to grant parole on a 
long-term basis. As noted earlier, however, parole was intended 
to be and should be temporary and is not designed to admit 
aliens who do not otherwise qualify for admission to the U.S. 
The humanitarian visa category ensures, therefore, that aliens 
in these types of situations, and others can be admitted to the 
U.S. on a case-by-case basis without improper use of her 
statutorily-prescribed parole authority.
    Section 522 amends the definition of ``refugee'' to extend 
protection to aliens who have been subjected (or have a well-
founded fear of being subjected) to coercive abortion or 
sterilization under a government-sanctioned program of coercive 
family planning, or has been persecuted (or has a well-founded 
fear of being persecuted) for refusal or resistance to such a 
program. There is much confusion about this provision, and this 
should be clarified. The primary intent of section 522 is to 
overturn several decisions of the Board of Immigration Appeals, 
principally Matter of Chang and Matter of G-.106 These 
decisions, which are binding on all immigration judges and INS 
asylum and refugee officers, hold that a person who has been 
compelled to undergo an abortion or sterilization, or has been 
severely punished for refusal to submit to such a procedure, 
cannot be eligible on that basis for refugee or asylee status 
unless the alien was singled out for such treatment on account 
of factors such as religious belief or political opinion.
    \106\ Matter of Chang, Int. Dec. 3107 (BIA, 1989); Matter of G-, 
Int. Dec. 3215 (1993). See also Zheng v. INS, 44 F.3d 379 (5th Cir. 
1995); Chen v. Carroll, 1995 WL 88164 (4th Cir. 1995).
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    The Committee believes that the BIA's rationale for these 
opinions--that policies of coercive family planning are ``laws 
of general application'' motivated by concerns over population 
growth, and thus are not ``persecutory''--is unduly 
restrictive. The BIA opinion effectively precludes from 
protection persons who have been submitted to undeniable and 
grotesque violations of fundamental human rights. As stated by 
First Lady Hilary Clinton in her September 1995 address to the 
U.N. Conference on Women in Beijing, policies of coercive 
family planning violate human rights and must be resisted. 
However, the Administration, which has the authority to 
overrule the BIA decisions through regulation or through 
decision of the Attorney General, has not done so. Nor has it 
offered adequate relief to persons who have undergone such 
coercion.
    In the People's Republic of China, some women with 
``unauthorized'' second or third pregnancies are subjected to 
involuntary abortions, often late in their pregnancies. Both 
men and women who have met their ``quota'' for children may be 
forcibly sterilized. Couples with unauthorized children are 
subjected to excessive fines, and sometimes their homes and 
possessions are destroyed. These measures are carried out by 
government agents, at the regional or local level.
    The United States should not deny protection to persons 
subjected to such treatment. Nor, however, should the U.S. 
grant protection to anyone who presents such a claim. Nothing 
in section 522 is intended to lower the evidentiary burden of 
proof for any alien, no matter how serious the nature of the 
claim. The Committee emphasizes that the burden of proof 
remains on the applicant, as in every other case, to establish 
by credible evidence that he or she has been subject to 
persecution--in this case, to coercive abortion or 
sterilization--or has a well-founded fear of such treatment. 
The Committee is aware that asylum claims based on coercive 
family planning are often made by entire groups of smuggled 
aliens, thus suggesting that at least some of the claims, if 
not the majority, have been ``coached.'' Section 522 is not 
intended to protect persons who have not actually been 
subjected to coercive measures or specifically threatened with 
such measures, but merely speculate that they will be so 
mistreated at some point in the future.
    Determining the credibility of the applicant and whether 
the actual or threatened harm rises to the level of persecution 
is a difficult and complex task, but no more so in the case of 
claims based on coercive family planning than in cases based on 
other factual situations. Asylum officers and immigration 
judges are capable of making such judgments.
    Finally, section 522 limits the number of refugee 
admissions and asylum grants on the basis of coercive family 
planning claims to 1,000 in any given fiscal year.
    Section 523 restricts the use of parole authority to allow 
aliens to enter the U.S. to specific reasons that are strictly 
in the public interest or are matters of urgent humanitarian 
concern, such as for the prosecution of an alien, to obtain an 
alien's testimony in a criminal proceeding, or to permit an 
alien to visit a dying relative. This section is intended to 
end the use of parole authority to create an ad hoc immigration 
policy or to supplement current immigration categories without 
Congressional approval. Section 524, establishing a category 
for humanitarian immigrants, is intended to allow the admission 
of immigrants that may currently be admitted through improper 
application of the parole authority, but to place such 
admissions within the overall immigration ceilings established 
by Congress.
    Section 531 reforms the asylum process, requiring that 
applications be filed within 30 days of arrival in the U.S., 
unless circumstances in the alien's home country or in the 
alien's personal circumstances that relate to the alien's 
eligibility for asylum have fundamentally changed. This section 
also provides that an application not be accepted if the alien 
may be removed to a safe third country in which the alien would 
have access to a fair asylum process, unless the Attorney 
General finds that it is in the public interest for the alien 
to receive asylum in the United States, and that asylum 
applications be adjudicated on a specific timetable that will 
result in completion of most cases within 6 months of filing.
    This report has previously discussed the need for such 
measures to supplement the administrative reforms of the asylum 
process that were effective in January 1995. This section is 
intended to build upon the success of such provisions in 
streamlining the asylum process, while ensuring that no alien 
will be returned to persecution.
    There has been some question whether the imposition of a 
time deadline for filing an asylum application will close off 
from protection those aliens who miss the deadline. Section 531 
includes an exception from the deadline in cases where there 
are fundamentally changed circumstances affecting eligibility 
for asylum. In cases where this exception does not apply, and 
the alien would be subject to persecution if returned to his or 
her home country, the Committee recognizes that some provision 
for protection must be made.
    Even in its present form, however, H.R. 2202 does not 
require the deportation of an alien to a place where he would 
face persecution. The alien may designate any country for 
deportation, and deportation to such country is contingent upon 
acceptance of the alien by that country. Otherwise-qualified 
applicants who have missed the deadline may be eligible for a 
humanitarian visa, as established in section 524. This, the 
Committee believes, could be applied by the Attorney General to 
satisfy any international obligations of the U.S. regarding the 
protection of those who would be subject to persecution if 
returned to their homelands.
    Finally, the Committee believes that the interest in filing 
a timely application supersedes the interest in filing a 
comprehensive application. The Committee is aware that current 
INS regulations require a relatively long and detailed 
application for asylum. While it may be important for an 
applicant to be able to commit the details of his or her case 
to writing prior to an interview with an asylum officer, it is 
more important that the case be commenced as soon as possible 
after the alien's arrival in the U.S. Thus, the Committee 
encourages the INS to adopt a simpler form of application for 
asylum, with generous allowance for amendment. Furthermore, the 
INS should take affirmative steps to notify the public of the 
30-day filing requirement.

           Title VI--Eligibility for Benefits and Sponsorship

    This title is designed to continue the long-standing 
principle in U.S. immigration policy that immigrants be self-
reliant and not depend on the American taxpayer for financial 
support. Current eligibility rules, unenforceable financial 
support agreements, and poorly-defined public charge provisions 
have undermined the tradition of self-sufficiency among the 
immigrant community. As a result, the cost to the American 
taxpayer of providing public benefits to immigrants has been in 
the tens of billions of dollars every year. Title VI specifies 
that illegal aliens are not eligible for most public benefits, 
makes enforceable the grounds for denying entry or removing 
aliens who are or are likely to become public charges, and 
makes those who agree to sponsor immigrants legally responsible 
to support them.
    Section 601 makes illegal aliens ineligible for means-
tested public benefits and government contracts. Federal 
agencies must require that applicants show one of six documents 
to prove eligibility to receive benefits, and State agencies 
are authorized to require documentation of eligibility to 
receive benefits. This section also requires verification of 
citizenship or legal resident status for the receipt of any 
Federal student financial assistance.
    Section 621 strengthens the grounds for inadmissibility as 
a public charge by stating that a family-sponsored immigrant or 
a nonimmigrant is inadmissible if the alien cannot demonstrate 
that the alien's age, health, family status, education, skills, 
affidavit of support, or a combination thereof make it unlikely 
that the alien will become a public charge. An employment-based 
immigrant, other than an immigrant of extraordinary ability, is 
inadmissible unless the immigrant has employment at the time of 
immigration. An employment-sponsored immigrant working in a 
business owned by a member of his family must obtain a 
affidavit of support.
    Section 622 strengthens the grounds for removal as a public 
charge by extending the time period within which such removal 
may occur to seven years from the date of admission, provided 
the alien's public charge status stems from causes arising 
before admission. An alien is considered to be a public charge 
if the alien receives benefits under Supplemental Security 
Income, Aid to Families with Dependent Children, Medicaid, Food 
Stamps, State general assistance or Federal Housing Assistance 
for an aggregate of twelve months within the seven-year period. 
More flexible standards are established for battered spouses 
and children.
     Section 631 specifies that a sponsor's income and 
resources are available to the sponsored alien for the purpose 
of qualifying for public benefits. A legally binding affidavit 
of support is created for those who wish to sponsor immigrants 
into the U.S. The length of time for deeming income and for 
which the sponsorship contract is enforceable is as follows: 
for parents of U.S. citizens, through the time the parent 
becomes a citizen; for spouses of U.S. citizens and lawful 
permanent residents, until the earlier of seven years after the 
date the spouse becomes a permanent resident or the date the 
spouse becomes a citizen; and for minor children, until the 
child reaches 21 years of age. The deeming period may end 
earlier if the alien works long enough to qualify for social 
security retirement income.
    Section 632 requires that a sponsor must be the individual 
who is petitioning for the alien's admission (or an individual 
who accepts joint and several liability with the petitioner 
under the affidavit of sponsorship); be a U.S. citizen or 
permanent resident; be at least 18 years old; live in the U.S.; 
and demonstrate the means to maintain an annual income equal to 
at least 200 percent of the poverty level (unless the sponsor 
is on active-duty status in the U.S. military, in which case 
the requirement is 100 percent) for the individual and the 
sponsored alien. Certain provisions also were modified to 
provide greater flexibility to grant benefits to battered 
spouses and children.

                 Title VII--Facilitation of Legal Entry

    Immigration reform not only must address the challenges of 
illegal and legal immigration, but also must ensure that U.S. 
ports of entry are capable of receiving the hundreds of 
millions of foreign visitors who seek legitimate entry into our 
country each year. Enhancing our enforcement capability at 
land, air, and sea ports must go hand in hand with improving 
the service functions at such ports. This is important first 
because of the economic benefits brought to this country by 
international commerce and travel, and second because smooth 
functioning of our ports will enable enforcement resources to 
be strategically deployed in order to maximize the prevention 
of unauthorized entries into the U.S. In addition, curbing the 
number of people who attempt to enter on fraudulent documents 
should enable further streamlining of procedures for legitimate 
travellers.
    Section 701 requires an increase in both INS and Customs 
Service inspectors at land borders sufficient to ensure full 
staffing at peak crossing hours in all travel lanes, and that 
inspectors be deployed to areas with the greatest need. Section 
702 authorizes further expansion of the commuter lane pilot 
programs now being operated successfully at several land border 
crossing points. These programs permit frequent crossers who 
meet eligibility criteria to travel through express lanes that 
verify identity through scanners and other advanced technology. 
Special care must be taken to thoroughly screen applicants for 
special programs (such as commuter lane pilot programs and 
border crossing cards) allowing, ultimately, freer border 
crossings. Once an alien is granted this special treatment, 
further monitoring for abuse of the special benefits is 
difficult.
    Section 703 adds to the INA a new section 235A, mandating 
the operation of pre-inspection stations at 5 of the 10 foreign 
airports having the greatest number of departures for the U.S. 
The Committee believes that pre-inspection services should, to 
the greatest extent possible, result in the clearance of all 
passengers permitted to board to be admitted to the U.S. The 
converse, of course, is that passengers refused permission to 
board, on the ground that they do not have valid documents to 
be admitted or are otherwise inadmissible, will be prevented 
from even reaching a U.S. port of entry, thus reducing the 
burden on INS inspection facilities and the likelihood that 
unauthorized aliens will enter the U.S. The Committee 
encourages the INS to work closely with the Customs Service and 
the Department of State in the planning and operation of such 
pre-inspection stations, particularly in seeing to it that the 
stations have access to all relevant information in government 
databases regarding persons applying for admission to the U.S.
    Section 704, which requires the INS to expend funds from 
the Immigration User Fee Account to train airline personnel in 
the detection of fraudulent documents, and imposes sanctions 
upon airlines for failure to comply with regulations regarding 
the detection of such documents, is intended to provide air 
carriers with the means and the incentive to cooperate with the 
U.S. government in ensuring that only persons with legitimate 
admission documents are permitted to board aircraft bound for 
the U.S.
    The Committee is concerned that disputes between air 
carriers and the INS regarding the treatment of certain small 
classes of illegal aliens may have led to a less than 
cooperative approach on the urgent goal of preventing the 
boarding of international passengers with no right to be 
admitted to the U.S. Communications from the INS and the air 
carriers during the course of the Committee's considerations of 
this bill confirm this impression. The mandates contained in 
this section are equitable, requiring the government and the 
carriers to fully bear their respective responsibilities on 
this issue. The Committee believes that optimum implementation 
of these mandates will occur only through a spirit of 
cooperation greater than that displayed in recent years. These 
mandates are clear: the INS must issue regulations within 90 
days of enactment of this legislation, and must provide 
substantial funds for the training of personnel. The carriers 
must in turn comply with these regulations, at the risk of 
losing their right to transport aliens to the U.S.

                Title VIII--Skilled Nonimmigrants (H-1B)

    Section 806 is designed to end the abuses which have 
recently plagued the H-1B program while providing regulatory 
relief for employers who do not abuse the program. Section 806 
requires an employer to attest that it will not fire and 
replace an American worker with an H-1B alien unless the 
company is willing to pay the H-1B 110 percent of what the 
fired American was making. The time period in which an employer 
is subject to this requirement is consistent with the United 
States' international obligations under the General Agreement 
on Trade in Services. This provision is intended to curtail any 
possible incentive which may exist currently for employers to 
lay off Americans because of the lure of cheap foreign labor. 
If an employer is willing to pay an H-1B a premium wage, then 
this is evidence that the H-1B is being recruited for reasons 
of superior skills.
    In addition, penalties for violations of the H-1B 
provisions will be enhanced to provide an additional 
disincentive to abuse. Among the changes, maximum civil fines 
are increased fivefold and the period in which a company cannot 
get visa petitions approved for foreign workers can be extended 
to a permanent ban.
    The employers most prone to abuse are ``H-1B dependent 
employers''--a significant percentage of whose work forces are 
composed of H-1Bs. The H-1B program is designed to ameliorate 
temporary shortages of specialized skills in the American work 
force. While it is conceivable that a company would need to 
stock its workforce predominantly with H-1Bs because of such 
shortages, this is unlikely. In many cases, the fact that firms 
are H-1B dependent cannot be attributed to any domestic skills 
shortage. It is evident that large pools of H-1Bs are being 
created to do precisely the work of--and often to replace--
widely available American workers, presumably for cost-saving 
reasons. American workers can be replaced through direct hiring 
of H-1Bs, through utilization of a job contractor that is 
itself largely composed of H-1Bs, or through subcontracting 
work to a firm largely composed of H-1Bs.
    There is nothing inherently wrong with a firm relying on 
subcontracting or outsourcing, i.e., having another company 
produce a product or provide a service which it used to produce 
or provide on its own. Such reliance can generate great 
efficiencies. However, this practice is suspect when it is 
accomplished through the utilization of an H-1B dependent firm. 
Extensive reliance on foreign labor for cost savings alone (and 
not to provide needed, hard-to-find skills) is not in the 
nation's best interests.
    Neither is job contracting inherently wrong. There exist 
many job contractors which perform valuable services for the 
economy and do not rely inordinately on H-1B aliens. However, 
H-1B dependent job contractors are suspect. The service they 
provide is often access to a pool of cut rate foreign labor. In 
addition, the employer-job contractor relationship is one which 
can defeat the protection of the H-1B attestation system. As 
discussed earlier, the complaint-driven system relies on notice 
to impacted employees. When a job contractor places workers at 
another firm, it is imperative that the workers at the other 
firm are given notice.
    Section 806 provides regulatory relief to firms which are 
non-H-1B dependent, while maintaining strict regulatory 
standards for H-1B dependent employers. Certain of the January 
1995 Department of Labor regulations, described in an earlier 
section of this report, do have beneficial effects. However, 
the Committee believes that the good which the regulations do 
is outweighed by the burden they place on non-H-1B dependent 
employers. Therefore, the regulations are kept effective only 
as to H-1B dependent employers.
    Except for the smallest employers, the bill sets the 
percentage test for H-1B dependence at 15 or 20 percent 
(depending on the size of the firm), which ensures that 
mainstream, legitimate users of H-1Bs are classified as non-
dependent. About ten percent of the instructional faculties of 
major universities are composed of H-1Bs. About one percent of 
the workforces at major computer corporations are so composed.
    The bill recognizes, however, that certain employers have 
become dependent on H-1B aliens not out of an abusive intent, 
but because they had legitimate business reasons and there 
never was any prohibition or penalty for doing such. Therefore, 
the bill provides employers which are H-1B dependent a 
transition period (lasting until five years after enactment) 
during which they will be accorded probationary status as non-
H-1B dependent employers if they utilize a pre-approved plan 
and systematically reduce, to the satisfaction of the Secretary 
of Labor, their reliance on H-1B aliens.
    The regulatory relief provided to non-H-1B dependent 
employers is as follows:
    (1) A non-H-1B dependent employer does not have to post 
notice at worksites visited by an H-1B alien which are in the 
area of employment listed on the labor condition application 
(LCA) but not themselves listed. As discussed previously, the 
regulation has an important goal, especially in the context of 
job contractors. But the Committee believes that only with 
those employers where the potential for abuse is greatest--H-1B 
dependent employers--is the burden justified.
    (2) A non-H-1B dependent employer is not required to file 
additional LCAs when sending H-1B aliens to areas of employment 
not listed in their initial LCAs, so long as the H-1Bs' 
principal places of employment have not changed to non-listed 
areas. Again, this regulation has an important purpose, but 
because of its burden, it is best reserved for H-1B dependent 
employers, where the potential for abuse is greatest.
    (3) A non-H-1B dependent employer does not have to pay per 
diem and transportation costs at any specified rates when 
sending H-1Bs to areas of employment not listed in their labor 
condition applications.
    (4) The Secretary of Labor can conduct an investigation of 
a non-H-1B dependent employer only after receiving a complaint 
filed by an aggrieved party outside of the Department of Labor. 
Self-directed investigations will prove to be a better use of 
limited investigatory resources when focused on those employers 
where the potential for abuse is highest.
    Additionally, no employer shall be required to pay its non-
H-1B workers according to an objective wage scale.
    The bill requires that when an H-1B dependent ``job 
contractor'' (meaning an employer who places an employee with 
another employer where the employee performs duties at 
worksites owned, operated, or controlled by the other employer 
and there are indicia of an employment relationship between the 
employee and the other employer) places an H-1B alien at 
another firm, it attest that either the other firm has executed 
an attestation stating that the other firm has not and will not 
lay off an American employee and replace him or her with an H-
1B alien for the time periods specified in the General 
Agreement on Trade in Services, or the job contractor will pay 
the H-1B at 110 percent of the level of the laid off employee. 
The other employer will be subject to the section 212(n)(2) 
penalties for violating its attestation. This provision is 
designed to make sure that employers do not evade the no-layoff 
provision by simply firing American workers and replacing them 
with H-1Bs who are technically employees of job contractors. 
Some businesses may likely refuse to sign such an attestation 
with potentially severe legal consequences for noncompliance 
just for the privilege of doing business with a job contractor. 
It is for this reason that the additional attestation is only 
required with an H-1B dependent job contractor, where the 
provision, in this limited form, is necessary to prevent 
wholesale abuse.
    Under current regulations, a safe harbor (i.e., protection 
from liability) exists for prevailing wage determinations made 
by a State Employment Security Agency:

          In all situations where the employer obtains the 
        prevailing wage determination from the SESA, the 
        Department will accept that prevailing wage 
        determination as correct and will not question its 
        validity where the employer has maintained a copy of 
        the SESA prevailing wage determination. A complaint 
        alleging inaccuracy of a SESA prevailing wage 
        determination, in such cases, will not be 
        investigated.107
    \107\ 70 CFR 655.731(a)(2)(iii)(A)(3) (1995).

    If a complaint is filed and the employer has relied upon a 
non-SESA source to determine the prevailing wage, the Labor 
Department may find that an incorrect determination was made 
and that penalties and back wages may be assessed against the 
employer.108 Given the long delays sometimes associated 
with obtaining SESA determinations and the high quality of many 
alternative sources of prevailing wage data, the Committee 
finds it appropriate to enlarge the current safe harbor. 
Section 806 provides that if the Secretary of Labor does not 
issue a written rejection of an alternate source prevailing 
wage determination submitted by an employer within 45 days, 
then that wage shall be deemed to satisfy the requirement of 
section 212(n)(1)(A)(i)(II) of the Immigration and Nationality 
Act. The safe harbor will have an effect identical to that of 
the quoted language above.
    \108\ 20 CFR 655.731(d) (1995).
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    Similarly, the bill provides protection from liability for 
employers in determining the actual wage paid to workers 
similarly employed as the H-1B alien. Certain large employers 
who have regularized compensation systems certified by the 
Secretary of Labor will be presumed to be paying the actual 
wage (assuming it is higher than the prevailing wage) to H-1Bs 
if they pay the H-1Bs in accordance with such systems. This 
provision allows employers with sophisticated pay systems 
relief from constructing artificial ``actual'' wages to the 
Secretary of Labor's satisfaction for the sake of compliance 
with the H-1B regulations.
    Last, section 806 partially overturns the Department of 
Labor Board of Alien Labor Certification Appeals' decision in 
Hathaway Children's Services.109 In Hathaway, BALCA ruled 
that in determining whether a non-profit organization or other 
entity having ``special circumstances'' was offering the 
prevailing wage to a prospective employment-based immigrant 
(and presumably for H-1Bs), the Department of Labor must look 
to the wage levels for jobs in the overall job market. Hathaway 
itself reversed BALCA's ruling in Tuskegee University, 110 
which stated that ``it is not only the job titles, but the 
nature of the business or institution where the jobs are 
located--for example, public or private, secular or religious, 
profit or non-profit, multi-national corporation or individual 
proprietorship--which must be evaluated in determining whether 
the jobs are `substantially comparable' '' 111 for 
purposes of determining the prevailing wage.
    \109\ 91-INA-388 (1994).
    \110\ 5 Bender's Immigr. L. and Proc. Rep. B3-172 (87-INA-561, 
1988).
    \111\ Id. at B3-176.
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    Were Hathaway to stand, the Committee believes it would 
have a severely detrimental impact on our research universities 
and institutions, which must obtain H-1B visas for temporary 
workers or labor certification for permanent immigrants to 
place foreign researchers and post-doctoral students in their 
research labs. University researchers, foreign or American, 
typically work for much less than industry scale. If 
universities were required to pay industry-standard wages for 
these individuals, they would in effect be prevented from 
utilizing foreign scientific talent. Hathaway fails to 
recognize the intangible benefits that one receives from 
working at a university rather than in industry. This benefit 
often makes salary a secondary factor in an employee's decision 
whether to work in academia. Thus, the bill provides that jobs 
at universities and scientific research institutions be only 
compared with jobs at similar entities when determining the 
prevailing wage.

                                Hearings

    The Committee's Subcommittee on Immigration and Claims held 
one day of hearings on H.R. 1915 on June 29, 1995. Testimony 
was received from 19 witnesses, representing 19 organizations, 
with additional material submitted by 5 individuals and 
organizations.

                        Committee Consideration

    On July 20, 1995, the Subcommittee on Immigration and 
Claims met in open session and ordered reported the bill H.R. 
1915, as amended and as a clean bill, by a voice vote, a quorum 
being present. The clean bill was introduced on August 4, 1995, 
as H.R. 2202. On October 24, 1995, the Committee met in open 
session and ordered reported the bill H.R. 2202 with an 
amendment by a recorded vote of 23 to 10, a quorum being 
present.

                         Vote of the Committee

Voice votes

    Sixty-four amendments were adopted by a voice vote. These 
were: (1) An amendment by Mr. Smith of Texas to extend the 
effective date for new border crossing card requirements; (2) 
an amendment by Mr. Canady to provide specific penalties for 
making false claims of citizenship when registering to vote or 
voting; (3A) an amendment by Mr. Goodlatte to strike section 
212(i) of the Immigration and Nationality Act, thus eliminating 
waivers of exclusion for aliens who have previously committed 
misrepresentations to immigration officials; (3B) an amendment 
by Mr. Berman to restore a modified version of the waiver under 
section 212(i) of the INA; (4) an amendment by Mr. Berman to 
provide an exception for aliens with work authorization and an 
exception for aliens under family unity protection to the 10 
year bar on admission for aliens residing illegally in the 
United States for greater than 1 year; (5) an amendment by Mr. 
Smith of Texas to extend expedited removal procedures to aliens 
interdicted at sea and brought to the United States; (6) an 
amendment by Mr. Smith of Texas to preclude any private right 
of action arising out of mandates imposed on government 
officials under section 305; (7) an amendment by Mr. Smith of 
Texas to specify procedures for the detention and removal of 
stowaways; (8) an amendment by Mr. Smith of Texas to provide 
that a stowaway's application for asylum shall be considered 
under procedures for expedited removal; (9) an amendment by Mr. 
Bryant of Tennessee to the definition of a stowaway; (10) an 
amendment by Mr. Bryant of Tennessee to strike increased 
penalties on airlines; (11) an amendment by Mr. McCollum to the 
definition of immigration judge and to specify compensation for 
immigration judges; (12) an amendment by Mr. Gallegly to strike 
amended requirements regarding transit without visa aliens; 
(13) an amendment by Mr. Gallegly to extend federal 
reimbursement of state expenses for incarceration to cases 
involving aliens with two or more misdemeanor convictions, and 
to include certain pre-trial detention; (14) an amendment by 
Mr. Smith of Texas to exempt alien women and children who have 
been battered or subject to extreme cruelty from being 
inadmissible to the United States on the ground that they are 
present without being lawfully admitted; (15) an amendment by 
Mrs. Schroeder to protect the confidentiality of claims for 
relief by a person who has been battered or subject to extreme 
cruelty, and to prevent the use of information provided solely 
by an abusive spouse or family member to make a determination 
of admissibility or deportability; (16) an amendment by Mr. 
Goodlatte to state that a returning lawful permanent resident 
shall be regarded as applying for admission if the alien 
attempts to enter the United States at a time or place other 
than as designated by an immigration officer or has not been 
admitted after inspection and authorization by an immigration 
officer; (17) an amendment by Mr. Goodlatte to state that, for 
purposes of the 10-year exclusion for aliens who have been 
unlawfully present for more than one year, no time in which an 
alien is under the age of 18 (original text specified age 21) 
shall be taken into account in determining the period of 
unlawful presence; (18) an amendment by Mr. Gallegly to provide 
that prisoner transfer treaties shall allow the Federal 
Government and States to keep original prison sentences in 
force in the event that transferred prisoners return to the 
United States prior to the completion of their prison terms; to 
provide that independent verification shall include the length 
of time a transferred alien is actually incarcerated in the 
foreign country; and to require that upon the request of a 
governor, the INS shall assist State courts in identifying 
aliens unlawfully present in the United States pending criminal 
prosecution; (19) an amendment by Mr. Frank to provide for 
judicial review of a determination that an alien is a 
representative of a terrorist organization; (20) an amendment 
by Mr. Berman to strike the requirement that an alien have been 
lawfully admitted to the United States to be eligible for 
cancellation of removal; to provide, for purposes of meeting 
the seven-year continuous physical presence requirement for 
cancellation of removal, that an alien who has departed the 
United States for 180 days shall not be considered to have 
broken continuous physical presence if the Attorney General 
finds that return could not be accomplished due to emergent 
reasons; to provide that the provisions regarding calculation 
of continuous physical presence shall apply only to notices to 
appear for a deportation or removal proceeding filed after the 
date of enactment; and to limit to 4,000 in each year the 
number of aliens granted cancellation of removal; (21) an 
amendment by Mr. Hyde to provide that the amendments reducing 
the number of documents that may be presented by employees to 
establish identity and eligibility for employment shall take 
effect on a date designated by the Attorney General not later 
than 18 months after the date of enactment; (22) an amendment 
offered by Mr. Goodlatte to exempt from civil or criminal 
liability the action of any person taken in good faith reliance 
on information provided through the employment eligibility 
confirmation mechanism; (23) an amendment by Mr. Barr, with a 
perfecting amendment by Mr. Goodlatte, to state that the 
confirmation mechanism shall confirm whether an individual has 
presented a social security account number or an alien 
identification number that is not valid for employment; (24) an 
amendment by Mr. Goodlatte to change from 2 days to 3 days 
after date of employment the period within which an employer 
must make an inquiry into the confirmation mechanism; (25) an 
en bloc amendment by Mr. Goodlatte to make a conforming change 
to require that the employer inquire into the confirmation 
mechanism within 3 days of employment; to provide that 
operation of the confirmation mechanism may be carried out by a 
nongovernmental entity designated by the Attorney General; to 
require that the confirmation mechanism be designed to maximize 
reliability and ease of use, to respond to all inquiries and to 
register when such response is not possible; to provide that if 
an employer attempts to make an inquiry within the required 3 
days of employment and the confirmation mechanism has 
registered that not all inquiries were responded to during that 
time, the employer can meet requirements for making such 
inquiries and qualify for the defense from liability extended 
to those who use the confirmation mechanism, if the employer 
makes the inquiry on the first subsequent working day in which 
the confirmation mechanism registers no nonresponses; to 
provide that the confirmation mechanism shall provide a 
confirmation or tentative nonconfirmation of an individual's 
employment eligibility within 3 days of the initial inquiry and 
that in the case of a tentative nonconfirmation, the Attorney 
General, in consultation with the Commissioner of Social 
Security and the Commissioner of the INS, shall provide an 
expedited time period, not more than 10 days, within which 
final confirmation or nonconfirmation must be provided; to 
require that within 180 days of enactment, the Attorney General 
shall issue regulations providing for the electronic storage of 
I-9 forms; to conform to current law the bill's references to 
``hiring'' and ``employment'' by adding references to 
recruitment and referral for employment; (26) an amendment by 
Mr. Hoke, with an amendment by Mr. Becerra and a perfecting 
amendment by Mr. Hyde, to implement the confirmation mechanism 
as a series of pilot projects in 5 of the 7 States with the 
highest estimated population of unauthorized aliens, to 
terminate not later than October 1, 1999, and to require the 
Attorney General to submit annual reports on the pilot projects 
which may include analysis of whether the mechanism is reliable 
and easy to use, limits job losses due to inaccurate data, 
increases or decreases discrimination, protects individual 
privacy, and burdens employers; (27) an amendment by Mr. 
Goodlatte to state that an employer's request for more or 
different documents than are required under section 274A(b) of 
the INA shall constitute an unfair immigration-related 
employment practice if done for the purpose of discriminating; 
(28) an amendment by Mr. Hyde to create a new second 
employment-based immigration preference for outstanding 
professors and researchers and multinational executives and 
managers; (29) an amendment by Mr. Hyde to provide a waiver 
from the requirement for labor certification for certain aliens 
who are members of the professions holding advanced degrees or 
aliens of exceptional ability if such waiver is necessary to 
advance the national interest in one of several specific areas; 
(30) an amendment by Mr. Hyde to strike the requirement that at 
least 50 percent of an immigrant's sons and daughters are 
lawful permanent residents or citizens residing in the United 
States in order for the immigrant to be admitted as the parent 
of a United States citizen; (31) an amendment by Mr. Gekas, 
with an amendment by Mr. Smith of Texas which was adopted on a 
roll call vote, to create a category for the admission as 
immigrants of the adult sons and daughters of United States 
citizens and lawful permanent residents if such immigrants are 
under age 26, never-married, childless, and considered as 
dependents for Federal income tax purposes, and to set 
numerical limits for the admission of such immigrants; (32) an 
amendment by Mr. Gekas, with an amendment by Mr. Smith of Texas 
which was adopted on a roll call vote, to change the experience 
requirements for immigrants admitted as professionals and 
skilled workers; an amendment by Ms. Lofgren to provide a 
waiver of the 10-year exclusion for aliens unlawfully present 
if the Attorney General determined that such waiver is 
necessary to substantially benefit the national interest in one 
of several specified areas; (33) an amendment by Mr. Gallegly 
to provide that work experience obtained while an alien is 
unauthorized to work in the United States shall not count to 
meet the experience requirements for immigrants admitted as 
professionals and skilled workers; (34) an amendment by Mr. 
Smith of Texas to provide for the admission as immigrants of 
certain adult disabled children of United States nationals and 
lawful permanent residents; (35) an amendment by Mr. Hyde to 
extend refugee protection to aliens who have resisted 
implementation of coercive population control measures; (36) an 
amendment by Mr. Smith of Texas to establish that not less than 
25,000 immigrant visas will be available for the parents of 
United States citizens; (37) an amendment by Mr. McCollum to 
strike provisions for the adjustment of visa numbers for 
professionals and skilled workers to offset excess family 
admissions; (38) an amendment by Mr. McCollum to change 
deadlines for the filing of asylum applications, and to make 
other reforms to the asylum process, with an amendment by Mr. 
Frank adopted by a roll call vote to the provision for return 
of an alien to a safe third country; (39) an amendment by Mr. 
Schiff, with a substitute amendment by Mr. Hyde, to establish 
deadlines for the refugee consultation process; (40) an 
amendment by Mr. Bryant of Tennessee to permit the use of 
parole authority for the prosecution of aliens in U.S. courts; 
(41) an en bloc amendment by Mr. Smith of Texas to exempt 
family violence services from the prohibition on receipt of 
public benefits by illegal aliens and to, in the case of an 
alien battered or subject to extreme cruelty by a spouse or 
parent (or, under certain conditions, another family member 
residing in the household); exempt the alien from the 
prohibition on receipt of public benefits if the alien has 
applied for a change in immigration status within 45 days of 
the first application for such public benefits; lengthen to 48 
months the period of receipt of public benefits which would 
render the alien deportable as a public charge; modify the 
rules for attribution of a sponsor's income to the alien; 
exempt the alien from the requirement that public benefits paid 
to the alien be reimbursed prior to naturalization of the alien 
in the event that the battery or cruelty resulted in issuance 
of a judicial or administrative order and the need for the 
public benefits had a substantial nexus to the battery or 
cruelty; (42) an amendment by Mr. Smith of Texas to exempt 
school lunch and child nutrition benefits from the prohibition 
on receipt of public benefits by illegal aliens; (43) an 
amendment by Mr. Smith of Texas to provide that active-duty 
military personnel, in order to qualify as sponsors, must 
maintain an income at 100 percent of the poverty level; (44) an 
amendment by Mr. Smith of Texas to remove social services block 
grants from the list of public benefits receipt of which can be 
used to establish that an alien is a public charge; (45) an en 
bloc amendment by Mr. Smith of Texas to provisions regarding 
the protection of American workers from displacement through 
the H-1B nonimmigrant program, and other conforming changes; 
(46) an amendment by Mrs. Schroeder to require notification to 
arriving aliens from certain countries regarding female genital 
mutilation; (47) an amendment by Mr. McCollum offered to 
require immigrants to submit proof of vaccination against 
specified diseases; (48) an amendment by Mr. Gallegly to 
provide that reimbursement to hospitals for emergency medical 
services may be made for such services provided through a 
contract with another hospital or facility; (49) an amendment 
by Mr. Gallegly to require that the pilot project for linking 
vital statistics records in certain States be implemented 
within two years of the date of enactment; (50) an amendment by 
Mr. Gallegly to require verification of student eligibility for 
post-secondary federal student financial assistance; (51) an 
amendment by Mr. Gallegly, with an amendment by Mr. Hyde, 
regarding communication between State and local government 
agencies and the INS; (52) an amendment by Mr. Smith of Texas 
to exempt from limitations on adjustment of status an alien who 
has reasonable grounds to fear that he or she will be subject 
to battery or extreme cruelty if he or she departs from the 
United States; (53) an amendment by Mr. Reed to require that 
prior to the construction of new detention facilities for 
aliens, that the Commissioner of the INS consider the 
availability for purchase or lease of existing facilities; (54) 
an amendment by Ms. Lofgren to provide that an alien whose 
status is changed under section 248 of the INA may obtain a 
visa without departing from the United States; (55) an 
amendment by Mr. Nadler to provide that an illegal alien may 
receive emergency relief not limited to disaster relief; (56) 
an amendment by Mr. Reed to designate Portugal as a country 
eligible for the visa waiver pilot program; (57) an amendment 
by Mr. Berman to strike the limitation on adjustment of status 
under section 245(i) of the INA and increase the charge for 
adjustment of status to $2,500; (58) an amendment by Mr. 
Becerra, with an amendment by Mr. Smith of Texas adopted by a 
voice vote, to provide reimbursement, subject to available 
appropriations, of fees paid by petitioners for eliminated 
family-sponsored categories; (59) an amendment by Mr. Berman 
regarding the confidentiality of the files of legalization 
applicants; (60) an en bloc amendment by Mr. Goodlatte to amend 
requirements on the hiring of H-1B nonimmigrants by removing 
the expanded 30-day period to approve a labor condition 
application for an H-1B-dependent employer; increasing the 
penalties for not fulfilling H-1B attestations; clarifying that 
firing an employee for poor performance does not violate the 
no-layoff provisions; establishing criteria for the 
determination of prevailing wages; and making other changes; 
(61) an amendment by Mr. Berman to extend civil penalties for 
document fraud to unauthorized preparers of forms, petitions, 
or applications; (62) an amendment by Mr. Frank to allow relief 
under the Federal Tort Claims Act for persons wrongly denied 
employment through operation of the employment eligibility 
verification mechanism; (63) an amendment by Mr. Berman to 
permit execution of an affidavit of support for an immigrant by 
an individual who will accept joint and several liability with 
the petitioner for the immigrant; (64) an amendment by Mr. 
Frank to establish criteria under which an employer may request 
additional employment eligibility documents from an employee.

Recorded votes

    There were forty recorded votes (thirty-nine on amendments 
and one on final passage) during the Committee's consideration 
of H.R. 2202, as follows:
    1. Amendment offered by Mr. Watt to strike the provisions 
regarding construction of fencing in the border area near San 
Diego. Defeated 11-17.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Mr. Serrano                         Mr. Inglis
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Barr
                                    Mr. Bryant (TX)

    2. Amendment offered by Mr. Becerra to strike the 10-year 
re-admission bar for aliens who have been present unlawfully in 
the U.S. for more than one year. Defeated 13-19.
        AYES                          NAYS
  Mr. Conyers                       Mr. Hyde
  Mrs. Schroeder                    Mr. Moorhead
  Mr. Berman                        Mr. Sensenbrenner
  Mr. Boucher                       Mr. McCollum
  Mr. Bryant (TX)                   Mr. Coble
  Mr. Reed                          Mr. Smith (TX)
  Mr. Nadler                        Mr. Schiff
  Mr. Scott                         Mr. Gallegly
  Mr. Watt                          Mr. Canady
  Mr. Becerra                       Mr. Inglis
  Mr. Serrano                       Mr. Goodlatte
  Ms. Lofgren                       Mr. Buyer
  Ms. Jackson Lee                   Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr

    3. Amendment offered by Mr. Goodlatte to permanently 
exclude aliens from readmission into the U.S. if convicted of 
an aggravated felony. Adopted 14-8.\112\
    \112\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``nay'' on this amendment.

        AYES                          NAYS
Mr. Hyde                            Mr. Bono
Mr. Moorhead                        Mr. Conyers
Mr. Sensenbrenner                   Mrs. Schroeder
Mr. McCollum                        Mr. Frank
Mr. Coble                           Mr. Berman
Mr. Smith (TX)                      Mr. Nadler
Mr. Schiff                          Mr. Scott
Mr. Gallegly                        Mr. Watt
Mr. Canady
Mr. Goodlatte
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Reed

    4. Amendment offered by Mr. Watt to strike the provisions 
regarding the introduction of electronic surveillance 
information in special proceedings to remove an alien terrorist 
from the U.S. Defeated 10-16.\113\
    \113\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Bono                            Mr. Hyde
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Berman                          Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Boucher
                                    Mr. Reed

    5. Amendment offered by Mr. Nadler to limit the 
introduction of classified information in special proceedings 
for the removal of alien terrorists. Defeated 11-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. McCollum
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Inglis
Mr. Serrano                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mrs. Schroeder
                                    Mr. Schumer

    6. Amendment offered by Mr. Watt to require judicial review 
of an order to exclude an alien under procedures for expedited 
removal, including review of an asylum officer's determination 
that an inadmissible alien does not have a credible fear of 
persecution. Defeated 9-15.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Inglis
Mr. Becerra                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Bryant (TX)

    7. Amendment offered by Mr. Chabot to strike provisions for 
an employment eligibility verification system. Defeated 15-
17.\114\
    \114\ Ms. Jackson Lee stated for record that, had she been present, 
she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Sensenbrenner                   Mr. Hyde
Mr. Inglis                          Mr. Moorhead
Mr. Buyer                           Mr. McCollum
Mr. Hoke                            Mr. Gekas
Mr. Heineman                        Mr. Coble
Mr. Chabot                          Mr. Smith (TX)
Mr. Flanagan                        Mr. Schiff
Mr. Conyers                         Mr. Gallegly
Mrs. Schroeder                      Mr. Canady
Mr. Reed                            Mr. Goodlatte
Mr. Nadler                          Mr. Bono
Mr. Watt                            Mr. Bryant (TN)
Mr. Becerra                         Mr. Barr
Mr. Serrano                         Mr. Frank
Ms. Lofgren                         Mr. Schumer
                                    Mr. Berman
                                    Mr. Bryant (TX)

    8. Amendment offered by Mr. Berman to expand enforcement 
authority and penalties against labor standards violations. 
Defeated 13-18.
         AYES                         NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                       Mr. Moorhead
Mr. Frank                            Mr. Sensenbrenner
Mr. Berman                           Mr. McCollum
Mr. Boucher                          Mr. Gekas
Mr. Bryant (TX)                      Mr. Smith (TX)
Mr. Reed                             Mr. Schiff
Mr. Nadler                           Mr. Gallegly
Mr. Watt                             Mr. Canady
Mr. Becerra                          Mr. Inglis
Mr. Serrano                          Mr. Goodlatte
Ms. Lofgren                          Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    9. Amendment offered by Mr. Barr to exempt employers of 
three or less employees from the requirement to verify 
employment eligibility through the electronic verification 
mechanism. Adopted 16-13.115
    \115\ Ms. Lofgren voted ``present''.

        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. Gekas                           Mr. Sensenbrenner
Mr. Smith (TX)                      Mr. McCollum
Mr. Gallegly                        Mr. Schiff
Mr. Canady                          Mr. Goodlatte
Mr. Inglis                          Mr. Hoke
Mr. Bono                            Mr. Bryant (TN)
Mr. Heineman                        Mr. Frank
Mr. Flanagan                        Mr. Schumer
Mr. Barr                            Mr. Berman
Mr. Conyers                         Mr. Watt
Mrs. Schroeder                      Mr. Becerra
Mr. Boucher                         Mr. Serrano
Mr. Reed
Mr. Nadler
Ms. Jackson Lee


    10. A perfecting amendment offered by Mr. Berman to remove 
from the substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas the requirement that, in 
order to be eligible for an immigrant visa, the adult unmarried 
sons and daughters be claimed as dependents for Federal Income 
Tax purposes. Defeated 11-17.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    11. A perfecting amendment offered by Mr. Becerra to remove 
from the substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas the requirement that, in 
order to be eligible for an immigrant visa, a son or daughter 
be ``never married'' and to insert a requirement that the son 
or daughter be ``unmarried.'' Defeated 11-19.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Mr. Serrano                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Boucher


    12. A substitute amendment offered by Mr. Smith of Texas to 
the amendment offered by Mr. Gekas to create a category for the 
admission of certain adult sons and daughters of citizens and 
permanent resident aliens. Adopted 17-12.
        AYES                          NAYS
Mr. Sensenbrenner                   Mr. Hyde
Mr. McCollum                        Mr. Conyers
Mr. Gekas                           Mrs. Schroeder
Mr. Coble                           Mr. Frank
Mr. Smith (TX)                      Mr. Berman
Mr. Schiff                          Mr. Boucher
Mr. Gallegly                        Mr. Scott
Mr. Canady                          Mr. Watt
Mr. Inglis                          Mr. Becerra
Mr. Goodlatte                       Mr. Serrano
Mr. Buyer                           Ms. Lofgren
Mr. Hoke                            Ms. Jackson Lee
Mr. Bono
Mr. Heineman
Mr. Chabot
Mr. Flanagan
Mr. Barr


    13. A substitute amendment offered by Mr. Smith of Texas to 
an amendment offered by Mr. Gekas to change the work experience 
requirements for aliens admitted as professionals or skilled 
workers. Adopted 17-9.
        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. McCollum                        Mr. Gekas
Mr. Coble                           Mr. Inglis
Mr. Smith (TX)                      Mr. Bono
Mr. Schiff                          Mr. Chabot
Mr. Gallegly                        Mr. Flanagan
Mr. Buyer                           Mr. Barr
Mr. Hoke                            Mr. Frank
Mr. Heineman                        Ms. Lofgren
Mr. Conyers                         Mrs. Schroeder
Mr. Schumer
Mr. Berman
Mr. Bryant (TX)
Mr. Reed
Mr. Watt
Ms. Jackson Lee


    14. Amendment offered by Mr. Watt to eliminate the investor 
visa program. Defeated 8-20.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Bryant (TX)                     Mr. McCollum
Mr. Reed                            Mr. Gekas
Mr. Scott                           Mr. Coble
Mr. Watt                            Mr. Smith (TX)
Mr. Becerra                         Mr. Schiff
Mr. Serrano                         Mr. Gallegly
                                    Mr. Canady
                                    Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Berman
                                    Ms. Lofgren


    15. Amendment offered by Mr. Watt to limit to 2,000 the 
numbers of visas available for investors. Defeated 10-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Bryant (TX)                     Mr. McCollum
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
 Mr. Becerra                        Mr. Canady
Mr. Serrano                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Berman
                                    Mr. Boucher


    16. Amendment offered by Ms. Jackson Lee to extend the 
asylum filing deadline from 60 to 180 days. Defeated: 9-14.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Berman                          Mr. Smith (TX)
Mr. Boucher                         Mr. Gallegly
Mr. Nadler                          Mr. Canady
Mr. Serrano                         Mr. Goodlatte
Ms. Lofgren                         Mr. Buyer
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr


    17. Amendment offered by Mr. Berman to strike the 
provisions reforming the legal immigration system (sections 500 
through 517). Defeated 14-20.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Conyers                         Mr. Moorhead
Mrs. Schroeder                      Mr. Sensenbrenner
Mr. Frank                           Mr. McCollum
Mr. Schumer                         Mr. Gekas
Mr. Berman                          Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Gallegly
Mr. Scott                           Mr. Canady
Mr. Watt                            Mr. Inglis
Mr. Becerra                         Mr. Goodlatte
Mr. Serrano                         Mr. Buyer
Ms. Lofgren                         Mr. Hoke
Ms. Jackson Lee                     Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Boucher
                                    Mr. Bryant (TX)


    18. Amendment offered by Mr. Frank to the amendment offered 
by McCollum to section 526 [now section 531] regarding the 
eligibility of aliens to apply for asylum. Adopted 18-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Sensenbrenner
Mr. Moorhead                        Mr. McCollum
Mr. Schiff                          Mr. Coble
Mr. Canady                          Mr. Smith (TX)
Mr. Bono                            Mr. Gallegly
Mr. Flanagan                        Mr. Inglis
Mr. Conyers                         Mr. Goodlatte
Mrs. Schroeder                      Mr. Buyer
Mr. Frank                           Mr. Heineman
Mr. Schumer                         Mr. Bryant (TN)
Mr. Berman                          Mr. Chabot
Mr. Boucher                           
Mr. Reed                              
Mr. Scott                             
Mr. Watt                              
Mr. Serrano                           
Ms. Lofgren                           
Ms. Jackson Lee                       


    19. Perfecting amendment offered by Mr. Schiff to the 
substitute amendment offered by Mr. Hyde to the amendment 
offered by Mr. Schiff concerning the refugee consultation 
process, to permit the establishment of a higher refugee 
ceiling through the consultation process. Defeated 15-
16.116
    \116\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.


        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Hoke                            Mr. Moorhead
Mr. Chabot                           Mr. Sensenbrenner
Mr. Flanagan                        Mr. McCollum
Mr. Conyers                         Mr. Smith (TX)
Mrs. Schroeder                      Mr. Gallegly
Mr. Frank                           Mr. Canady
Mr. Schumer                         Mr. Inglis
Mr. Berman                          Mr. Goodlatte
Mr. Reed                            Mr. Buyer
Mr. Nadler                          Mr. Bono
Mr. Scott                           Mr. Heineman
Mr. Watt                            Mr. Bryant (TN)
Mr. Becerra                         Mr. Barr
Ms. Lofgren                          Mr. Boucher
                                    Mr. Bryant (TX)


    21. Amendment offered by Ms. Jackson Lee eliminating the 
cap on immediate relatives, restoring parents of citizens to 
the category of immediate relatives, and eliminating borrowing 
from employment based visas for family admissions. Defeated 16-
16.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Flanagan                        Mr. Moorhead
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Schiff
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Hoke
Mr. Becerra                         Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
Ms. Jackson Lee                     Mr. Bryant TX)


    20. Amendment offered by Mr. Berman regarding the admission 
of the spouses and children of aliens admitted as employment-
based immigrants. Defeated 13-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Boucher                         Mr. Smith (TX)
Mr. Bryant (TX)                     Mr. Schiff
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Scott                           Mr. Goodlatte
Mr. Watt                            Mr. Buyer
Mr. Becerra                         Mr. Hoke
Mr. Serrano                         Mr. Bono
Ms. Jackson Lee                     Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Ms. Lofgren

    21. Amendment offered by Ms. Jackson Lee eliminating the 
cap on immediate relatives, restoring parents of citizens to 
the category of immediate relatives, and eliminating borrowing 
from employment based visas for family admissions. Defeated 16-
16.
        AYES                          NAYS
Mr. Chabot                          Mr. Hyde
Mr. Flanagan                        Mr. Moorhead
Mr. Conyers                         Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Schiff
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Hoke
Mr. Becerra                         Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
Ms. Jackson Lee                     Mr. Bryant (TX)

    22. Amendment offered by Mr. Schiff to permit an increase 
in the limit on refugee admissions through the refugee 
consultation process. Defeated 14-16.117
    \117\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Hoke                            Mr. Moorhead
Mr. Chabot                          Mr. Sensenbrenner
Mrs. Schroeder                      Mr. McCollum
Mr. Frank                           Mr. Gekas
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Gallegly
Mr. Boucher                         Mr. Canady
Mr. Reed                            Mr. Inglis
Mr. Nadler                          Mr. Goodlatte
Mr. Scott                           Mr. Buyer
Mr. Watt                            Mr. Bono
Mr. Serrano                         Mr. Heineman
Ms. Lofgren                         Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Bryant (TX)

    23. Amendment offered by Mr. Nadler providing that the 
``public charge'' ground for deportability would not apply in 
the case of a refugee or asylee. Defeated 7-14.118
    \118\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``aye'' on this amendment.

        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Berman                          Mr. Moorhead
Mr. Nadler                          Mr. Sensenbrenner
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Goodlatte
Ms. Lofgren                         Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Bryant (TX)
                                    Mr. Reed

    24. Amendment offered by Mr. Bryant of TN requiring 
hospitals to provide that hospitals seeking federal 
reimbursement for the emergency treatment of illegal aliens 
shall promptly provide the INS with identifying information 
regarding the illegal alien. Defeated 11-15.119
    \119\ Ms. Jackson Lee stated for the record that, had she been 
present, she would have voted ``nay'' on this amendment.

        AYES                          NAYS
Mr. McCollum                        Mr. Hyde
Mr. Smith (TX)                      Mr. Moorhead
Mr. Inglis                          Mr. Sensenbrenner
Mr. Buyer                           Mr. Goodlatte
Mr. Hoke                            Mr. Conyers
Mr. Bono                            Mrs. Schroeder
Mr. Heineman                        Mr. Schumer
Mr. Bryant (TN)                     Mr. Berman
Mr. Chabot                          Mr. Boucher
Mr. Flanagan                        Mr. Bryant (TX)
Mr. Barr                            Mr. Reed
                                    Mr. Nadler
                                    Mr. Watt
                                    Mr. Becerra
                                    Ms. Lofgren

    25. Amendment offered by Mr. Moorhead providing that for 
purposes of computing prevailing wages in the H-1B program for 
non-profit independent research organizations, the calculation 
shall take into account only employees at similar institutions 
and entities. Adopted 21-10.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mr. Frank
Mr. Sensenbrenner                   Mr. Schumer
Mr. McCollum                        Mr. Berman
Mr. Coble                           Mr. Boucher
Mr. Smith (TX)                      Mr. Bryant (TX)
Mr. Schiff                          Mr. Reed
Mr. Gallegly                        Mr. Nadler
Mr. Canady                          Mr. Becerra
Mr. Inglis                          Ms. Jackson Lee
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Ms. Lofgren

    26. Amendment offered by Mr. Schumer limiting to 20 percent 
the number of H-1B immigrants that may be employed in any 
single employer's workforce. Defeated 8-18-1.120.
    \120\ Mr. Becerra voted ``present''.

        AYES                          NAYS
Mrs. Schroeder                      Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Schumer                         Mr. Sensenbrenner
Mr. Berman                          Mr. Smith (TX)
Mr. Bryant (TX)                     Mr. Gallegly
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Watt                            Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Serrano
                                    Ms. Lofgren

    27. An en bloc amendment offered by Ms. Lofgren to change 
the limitations in section 212(e) on the ability of 
participants in the Exchange Visitor Visa Program to apply for 
an immigrant visa. Defeated 10-15.
        AYES                          NAYS
Mr. Goodlatte                       Mr. Hyde
Mr. Conyers                         Mr. Moorhead
Mr. Frank                           Mr. McCollum
Mr. Berman                          Mr. Gekas
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr

    28. Amendment offered by Mr. Goodlatte to the amendment 
offered by Mr. Schumer to restore the diversity immigrant 
program, to limit the foreign states whose nationals would be 
eligible for the program. Defeated 14-15.
        AYES                          NAYS
Mr. Moorhead                        Mr. Hyde
Mr. Sensenbrenner                   Mr. McCollum
Mr. Smith (TX)                      Mr. Hoke
Mr. Canady                          Mr. Bono
Mr. Inglis                          Mr. Chabot
Mr. Goodlatte                       Mr. Flanagan
Mr. Buyer                           Mr. Conyers
Mr. Heineman                        Mrs. Schroeder
Mr. Bryant (TN)                     Mr. Frank
Mr. Barr                            Mr. Schumer
Mr. Bryant (TX)                     Mr. Berman
Mr. Watt                            Mr. Boucher
Mr. Becerra                         Mr. Reed
Ms. Lofgren                         Mr. Nadler
                                    Ms. Jackson Lee

    29. Amendment offered by Mr. Schumer, as amended by an 
amendment offered by Mr. Becerra and adopted by unanimous 
consent, to establish a diversity immigration program. Adopted 
18-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. McCollum                        Mr. Sensenbrenner
Mr. Hoke                            Mr. Gekas
Mr. Bono                            Mr. Smith (TX)
Mr. Bryant (TN)                     Mr. Gallegly
Mr. Flanagan                        Mr. Canady
Mr. Barr                            Mr. Inglis
Mr. Conyers                         Mr. Goodlatte
Mr. Frank                           Mr. Buyer
Mr. Schumer                         Mr. Heineman
Mr. Berman                          Mr. Bryant (TX)
Mr. Boucher
Mr. Reed
Mr. Nadler
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee

    30. Amendment offered by Mr. Becerra to limit actions that 
may be taken by an employer pending completion of the secondary 
verification process. Defeated 12-18.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Boucher                         Mr. Gekas
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Barr

    31. Amendment offered by Mr. Goodlatte to change the 
percentage threshold for H-1B dependent employers and to 
provide a transitional program for certain H-1B dependent 
employers to become H-1B non-dependent employers. Adopted 22-
11.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mr. Frank
Mr. Sensenbrenner                   Mr. Schumer
Mr. McCollum                        Mr. Berman
Mr. Gekas                           Mr. Boucher
Mr. Coble                           Mr. Bryant (TX)
Mr. Smith (TX)                      Mr. Reed
Mr. Schiff                          Mr. Nadler
Mr. Gallegly                        Mr. Watt
Mr. Canady                          Mr. Becerra
Mr. Inglis                          Ms. Jackson Lee
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Ms. Lofgren

    32. A perfecting amendment offered by Mr. Smith of Texas to 
an amendment offered by Mr. Becerra Amendment regarding 
reimbursement of fees to petitioners for immigrants in the 
eliminated family-sponsored categories. Adopted 18-13.
        AYES                          NAYS
Mr. Hyde                            Mr. Heineman
Mr. Moorhead                        Mr. Flanagan
Mr. Sensenbrenner                   Mr. Conyers
Mr. McCollum                        Mrs. Schroeder
Mr. Gekas                           Mr. Schumer
Mr. Coble                           Mr. Berman
Mr. Smith (TX)                      Mr. Boucher
Mr. Gallegly                        Mr. Reed
Mr. Canady                          Mr. Nadler
Mr. Inglis                          Mr. Watt
Mr. Goodlatte                       Mr. Becerra
Mr. Buyer                           Ms. Lofgren
Mr. Hoke                            Ms. Jackson Lee
Mr. Bono
Mr. Bryant (TN)
Mr. Chabot
Mr. Barr
Mr. Bryant (TX)

    33. Amendment offered by Mr. Reed excluding from entry 
persons who renounce U.S. citizenship to avoid paying taxes. 
Adopted 25-5.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. Sensenbrenner                   Mr. McCollum
Mr. Schiff                          Mr. Gekas
Mr. Gallegly                        Mr. Coble
Mr. Canady                          Mr. Smith (TX)
Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Conyers
Mrs. Schroeder
Mr. Schumer
Mr. Berman
Mr. Bryant (TX)
Mr. Reed
Mr. Nadler
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee

    34. Amendment offered by Mr. Gallegly providing that 
payments of public assistance benefits only be made to 
individuals who are personally eligible to receive such 
benefits. Adopted 16-11.
        AYES                          NAYS
Mr. Hyde                            Mr. Moorhead
Mr. Gekas                           Mr. Conyers
Mr. Coble                           Mrs. Schroeder
Mr. Smith (TX)                      Mr. Berman
Mr. Schiff                          Mr. Bryant (TX)
Mr. Gallegly                        Mr. Nadler
Mr. Canady                          Mr. Scott
Mr. Inglis                          Mr. Watt
Mr. Goodlatte                       Mr. Becerra
Mr. Buyer                           Ms. Lofgren
Mr. Bono                            Ms. Jackson Lee
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr

    35. Amendment offered by Mr. Becerra to provide for a study 
to examine the cost to small businesses for participation in 
the employment eligibility verification system. Defeated 11-19.
        AYES                          NAYS
Mr. Inglis                          Mr. Hyde
Mr. Chabot                          Mr. Moorhead
Mr. Flanagan                        Mr. Sensenbrenner
Mr. Conyers                         Mr. Gekas
Mr. Reed                            Mr. Coble
Mr. Nadler                          Mr. Smith (TX)
Mr. Scott                           Mr. Schiff
Mr. Watt                            Mr. Gallegly
Mr. Becerra                         Mr. Canady
Ms. Lofgren                         Mr. Goodlatte
Ms. Jackson Lee                     Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Berman
                                    Mr. Boucher
                                    Mr. Bryant (TX)

    36. Amendment offered by Mr. Berman regarding employer 
responsibility in case of H-1B employees. Defeated 11-17.
        AYES                          NAYS
Mrs. Schroeder                      Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Boucher                         Mr. McCollum
Mr. Bryant (TX)                     Mr. Coble
Mr. Reed                            Mr. Smith (TX)
Mr. Nadler                          Mr. Schiff
Mr. Scott                           Mr. Gallegly
Mr. Watt                            Mr. Canady
Mr. Becerra                         Mr. Inglis
Ms. Jackson Lee                     Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan

    37. An amendment offered by Ms. Jackson Lee providing for 
an exemption from expedited removal for persons fleeing a 
country where there is civil strife, or other, temporary unsafe 
conditions, or where the Secretary of State has not certified 
that human rights violations do not occur. Defeated 10-22.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mrs. Schroeder                      Mr. Moorhead
Mr. Frank                           Mr. Sensenbrenner
Mr. Berman                          Mr. McCollum
Mr. Nadler                          Mr. Coble
Mr. Scott                           Mr. Smith (TX)
Mr. Watt                            Mr. Schiff
Mr. Becerra                         Mr. Gallegly
Ms. Lofgren                         Mr. Canady
Ms. Jackson Lee                     Mr. Inglis
                                    Mr. Goodlatte
                                    Mr. Buyer
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Chabot
                                    Mr. Flanagan
                                    Mr. Barr
                                    Mr. Schumer
                                    Mr. Boucher
                                    Mr. Bryant (TX)
                                    Mr. Reed

    38. An amendment offered by Mr. Berman to provide visas for 
eliminated family preference categories whose priority date 
falls within 2 years of the bill's effective date. Defeated 15-
18.
        AYES                          NAYS
Mr. Schiff                          Mr. Hyde
Mr. Chabot                          Mr. Moorhead
Mr. Flanagan                        Mr. Sensenbrenner
Mr. Conyers                         Mr. McCollum
Mrs. Schroeder                      Mr. Gekas
Mr. Frank                           Mr. Coble
Mr. Schumer                         Mr. Smith (TX)
Mr. Berman                          Mr. Gallegly
Mr. Reed                            Mr. Canady
Mr. Nadler                          Mr. Inglis
Mr. Scott                           Mr. Goodlatte
Mr. Watt                            Mr. Buyer
Mr. Becerra                         Mr. Bono
Ms. Lofgren                         Mr. Heineman
Ms. Jackson Lee                     Mr. Bryant (TN)
                                    Mr. Barr
                                    Mr. Boucher
                                    Mr. Bryant (TX)

    39. An amendment offered by Mr. Becerra to decrease the 
level of annual income required by a sponsor from 200 percent 
to 150 percent of the poverty level. Defeated 6-14.
        AYES                          NAYS
Mr. Conyers                         Mr. Hyde
Mr. Frank                           Mr. Moorhead
Mr. Berman                          Mr. Sensenbrenner
Mr. Watt                            Mr. Gekas
Mr. Becerra                         Mr. Coble
Ms. Lofgren                         Mr. Smith (TX)
                                    Mr. Schiff
                                    Mr. Inglis
                                    Mr. Buyer
                                    Mr. Hoke
                                    Mr. Bono
                                    Mr. Heineman
                                    Mr. Bryant (TN)
                                    Mr. Boucher

    40. Vote on Final Passage: Adopted 23-10.
        AYES                          NAYS
Mr. Hyde                            Mr. Conyers
Mr. Moorhead                        Mrs. Schroeder
Mr. Sensenbrenner                   Mr. Frank
Mr. McCollum                        Mr. Schumer
Mr. Gekas                           Mr. Berman
Mr. Coble                           Mr. Nadler
Mr. Smith (TX)                      Mr. Scott
Mr. Schiff                          Mr. Watt
Mr. Gallegly                        Mr. Becerra
Mr. Canady                          Ms. Lofgren
Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant (TN)
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Boucher
Mr. Bryant (TX)
Mr. Reed

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 2202, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 4, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2202, the 
Immigration and the National Interest Act of 1995. Because 
enactment of the bill would affect direct spending, pay-as-you-
go procedures would apply.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.
    1. Bill number: H.R. 2202.
    2. Bill Title: Immigration in the National Interest Act of 
1995.
    3. Bill status: As ordered reported by the House Committee 
on the Judiciary on October 24, 1995.
    4. Bill purpose: H.R. 2202 would make many changes and 
additions to federal laws relating to immigration. Provisions 
having a potentially significant budgetary impact are 
highlighted below.
    Title I would:
          specify that the number of Immigration and 
        Naturalization (INS) border patrol agents would be 
        increased by 1,000 in each of the fiscal years 1996 
        through 2000 relative to the number as of September 30, 
        1995; in addition, the number of full-time support 
        positions for border patrol agents would be increased 
        by 800;
          authorize appropriations of $12 million for 
        improvements in barriers along the U.S.-Mexico border;
          require that border crossing identification cards 
        include a biometric identifier (such as a fingerprint) 
        that is machine-readable;
          direct the Attorney General to train border patrol 
        personnel on the rights and various cultural 
        backgrounds of aliens and U.S. citizens;
          establish several pilot programs relating to 
        inadmissible or deportable aliens; and
          direct the Attorney General to deploy enough INS 
        investigators and enforcement personnel in the interior 
        of the United States to properly investigate and 
        enforce immigration laws.
    Title II would:
          increase by 25 the number of Assistant United States 
        Attorneys that may be employed by the Department of 
        Justice for fiscal year 1996; and
          provide for new and increased penalties for a number 
        of crimes related to immigration.
    Title III would:
          permit the Attorney General to reemploy up to 300 
        federal retirees for as long as two years to support 
        the Institutional Hearing Program;
          direct the Attorney General to increase the detention 
        facilities of the INS to at least 9,000 beds by fiscal 
        year 1997;
          authorize appropriations of $5 million annually for 
        the INS and $150 million annually for the Attorney 
        General, beginning in fiscal year 1996, for costs 
        related to detention and removal of aliens;
          provide for an increase in pay for immigration 
        judges;
          establish in the general fund of the Treasury an 
        Immigration Enforcement Account, and
          provide for new and increased penalties for a number 
        of crimes related to immigration.
    Title IV would:
          direct the INS to increase the number of positions in 
        the Investigations Division by 350 above the number of 
        such positions available as of September 30, 1994;
          direct the Department of Labor (DOL) to increase the 
        number of full-time equivalent positions in the Wage 
        and Hour Division of the Employment Standards 
        Administration by 150 above the number of such 
        positions available as of September 30, 1994; and
          direct the Attorney General to devise a system, such 
        as a toll-free telephone line or other electronic 
        media, by which employers could confirm the eligibility 
        of prospective employees. This system would be 
        implemented via pilot projects in five states through 
        the end of fiscal year 1999; continuation of the 
        projects would be subject to Congressional action.
    Title V would:
          reduce the number of legal immigrants allowed to 
        enter the United States each year;
          set a statutory cap on the number of refugees 
        admitted into the United States;
          permit the Attorney General to reemploy up to 300 
        federal retirees for as long as two years to reduce the 
        backlog in asylum applications;
          direct the Attorney General to increase the number of 
        INS asylum officers to at least 600 by fiscal year 
        1997; and
          require the Attorney General, subject to the 
        availability of appropriations, to reimburse visa 
        application fees paid by petitioners for family-
        sponsored immigrant categories that are eliminated by 
        this bill before the petitioner receives the visa.
    Title VI would affect various benefit programs. It would:
          curtail the eligibility of non-legal aliens, 
        including those permanently residing under color of law 
        (PRUCOL), in the narrow instances where they are now 
        eligible for federal benefits;
          put sponsors of future immigrants on notice that they 
        are expected to support them for a longer period than 
        current law provides, by extending the period in which 
        a sponsor's income is presumed or deemed to be 
        available to the alien and by making affidavits of 
        support legally enforceable;
          deny the earned income tax credit to individuals not 
        authorized to be employed in the United States; and
          change federal coverage of emergency Medicaid 
        services for illegal aliens.
    Title VII would:
          direct the Attorney General and the Secretary of the 
        Treasury to increase the number of land border 
        inspectors in fiscal years 1996 and 1997 to assure full 
        staffing during peak border crossing hours; and
          direct the Attorney General, within two years of 
        enactment of this bill, to establish preinspection 
        stations in at least five of the foreign airports that 
        serve as departure points for the greatest number of 
        air passengers traveling to the U.S. In addition, this 
        title would direct the Attorney General, within four 
        years of enactment, to establish preinspection stations 
        in at least five foreign airports that would most 
        effectively reduce the number of aliens who arrive by 
        air without valid documentation.
    5. Estimated cost to the Federal Government: Assuring 
appropriation of the entire amounts authorized, enacting H.R. 
2202 would increase discretionary spending over fiscal years 
1996 through 2002 by a total of about $5 billion. Several 
provisions of H.R. 2202, mainly those in Title VI affecting 
benefit programs, would result in changes to mandatory spending 
and federal revenues. CBO estimates that the changes in 
mandatory spending would reduce outlays by about $6 billion 
over the 1996-2002 period, and that revenues would increase by 
about $80 million over the same period. The estimated budgetary 
effects of the legislation are summarized in Table 1. Table 2 
shows projected outlays for direct spending programs under 
current law, the changes that would stem from the bill, and the 
projected outlays for each program if the bill were enacted.

                               TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2202                               
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                              1996      1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Authorizations:                                                                                                 
    Estimated authorization level.........       129       699       774       856       960       978       996
    Estimated outlays.....................         0       532       637       940       994       956       976
                                                                                                                
                                         MANDATORY SPENDING AND RECEIPTS                                        
                                                                                                                
Direct Spending:                                                                                                
    Estimated budget authority............         0      -230      -428      -684    -1,020    -1,397    -2,057
    Estimated outlays.....................         0      -230      -428      -684    -1,020    -1,397    -2,057
    Estimated Revenues....................         0        14        13        12        13        13        13
----------------------------------------------------------------------------------------------------------------

    The costs of this bill fall within budget functions 550, 
600, 750, and 950.

                                          TABLE 2.--ESTIMATED EFFECTS OF H.R. 2202 ON DIRECT SPENDING PROGRAMS                                          
                                                        [By fiscal years, in millions of dollars]                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      1995         1996         1997         1998         1999         2000         2001         2002   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          PROJECTED SPENDING UNDER CURRENT LAW                                                          
                                                                                                                                                        
Supplemental Security Income....................       24,509       24,497       29,894       32,967       36,058       42,612       39,287       46,511
Food Stamps \1\.................................       25,554       26,935       28,620       30,164       31,706       33,406       35,035       36,603
Family Support Payments \2\.....................       18,086       18,544       19,048       19,534       20,132       20,793       21,477       22,184
Medicaid........................................       89,070       99,292      110,021      122,060      134,827      148,110      162,590      177,786
Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,904       23,880       24,938       25,982       26,794       27,546
Receipts of Employer Contributions..............      -27,960      -27,365      -28,081      -28,907      -29,621      -30,938      -32,428      -33,910
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................      144,503      162,295      182,406      199,698      218,040      239,965      252,755      276,720
                                                 =======================================================================================================
                                                                    PROPOSED CHANGES                                                                    
Supplemental Security Income....................  ...........            0          -10          -80         -160         -260         -370         -670
Food Stamps \1\.................................  ...........            0            0          -15          -45         -100         -170         -250
Family Support Payments \2\.....................  ...........            0           -1          -13          -23          -48          -63          -78
Medicaid........................................  ...........            0           -5         -110         -240         -390         -570         -830
Earned Income Tax Credit (outlay portion).......  ...........            0         -216         -214         -218         -222         -224         -229
Receipts of Employer Contributions..............  ...........            0            2            4            2            0            0            0
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................  ...........            0         -230         -428         -684       -1,020       -1,397       -2,057
                                                 =======================================================================================================
                                                                                                                                                        
                                                           PROJECTED SPENDING UNDER H.R. 2202                                                           
                                                                                                                                                        
Supplemental Security Income....................       24,509       24,497       29,884       32,887       35,898       42,352       38,917       45,841
Food Stamps \1\.................................       22,554       26,935       28,620       30,149       31,661       33,306       34,865       36,353
Family Support Payments \2\.....................       18,086       18,544       19,047       19,521       20,109       20,745       21,414       22,106
Medicaid........................................       89,070       99,292      110,016      121,950      134,587      147,720      162,020      176,956
Earned Income Tax Credit (outlay portion).......       15,244       20,392       22,688       23,666       24,720       25,760       26,570       27,317
Receipts of Employer Contributions..............      -27,960      -27,365      -28,079      -28,903      -29,619      -30,938      -32,428      -33,910
                                                 -------------------------------------------------------------------------------------------------------
      Total.....................................      144,503      162,295      182,176      199,270      217,356      238,945      251,358      274,663
Changes to revenues.............................  ...........            0           14           13           12           13           13           13
Net deficit effect..............................  ...........            0         -244         -441         -696       -1,033       -1,410      -2,070 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Food Stamps includes Nutrition Assistance for Puerto Rico. Spending under current law includes the provisions of the fiscal year 1996 Agriculture   
  appropriations.                                                                                                                                       
\2\ Family Support Payments includes spending on Aid to Families with Dependent Children (AFDC), AFDC related child care, administrative costs for child
  support enforcement, net federal savings from child support collections, and the Job Opportunities and Basic Skills Training program (JOBS).          
                                                                                                                                                        
Notes.--Assumes enactment date of August 1, 1996. Estimates will change with later effective date. Details may not add to totals because of rounding.   

    6. Basis of Estimate: For purposes of this estimate, CBO 
assumes that H.R. 2202 will be enacted by August 1, 1996.

Spending subject to appropriations

    The following estimates assume that all specific amounts 
authorized by the bill would be appropriated for each fiscal 
year. For programs in the bill for which authorizations are not 
specified, or for programs whose specific authorizations do not 
provide sufficient funding, CBO estimated the cost based on 
information from the agencies involved. We assumed that few of 
the bill's programs would be implemented until fiscal year 
1997. (Hence, we estimate that outlays in 1996 would not be 
affected by enactment.) Estimated outlays, beginning in 1997, 
are based on historical rates for these or similar activities.
    The provisions in this bill that affect discretionary 
spending would increase costs to the federal government by the 
amounts shown in Table 3, assuming appropriation of the 
necessary funds. In many cases, the bill authorizes funding for 
programs already authorized in the violent Crime Control and 
Law Enforcement Act of 1994 (1994 crime bill) or already funded 
by fiscal year 1996 appropriations action. For example, the 
additional border patrol agents and support personnel in Title 
I already were authorized in the 1994 crime bill through fiscal 
year 1998. For such provisions, the amounts shown in Table 3 
reflect only the cost above funding authorized in current law.
    In the most recent continuing resolution enacted for fiscal 
year 1996, appropriations for the Department of Justice total 
about $14 billion, of which about $1.7 billion is for the INS.

                               TABLE 3.--SPENDING SUBJECT TO APPROPRIATIONS ACTION                              
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                           1996    1997    1998    1999    2000    2001    2002 
----------------------------------------------------------------------------------------------------------------
Estimated authorization levels:                                                                                 
    Title I:                                                                                                    
        Additional border patrol agents.................       0  ......  ......     116     119     123     127
        Barrier improvements............................       0      20  ......  ......  ......  ......  ......
        Improved identification cards...................       0      34      34      34  ......  ......  ......
        Border patrol training..........................  ......       0       3  ......  ......  ......  ......
        Pilot programs..................................       0       1  ......  ......  ......  ......  ......
        Increased interior enforcement..................       0     130     260     390     520     530     540
    Title II:                                                                                                   
        Additional U.S. Attorneys.......................       0       8       8       8       8       8       8
    Title III:                                                                                                  
        Increased detention facilities..................       0     199     220      50      52      53      55
        Detention and removal of aliens \1\.............     129     155     155     155     155     155     155
        Pay raise for immigration judges................       0       1       1       1       1       1       1
    Title IV:                                                                                                   
        Additional INS investigators....................       0      11      11      11      12      12      12
        Additional DOL employees........................       0      12      12      13      13      14      14
        Work eligibility pilot program..................       0   (\2\)   (\2\)   (\2\)  ......  ......  ......
    Title V:                                                                                                    
        Additional asylum officers......................       0      34      34      35      36      37      38
        Visa reimbursement..............................       0      55  ......  ......  ......  ......  ......
    Title VII:                                                                                                  
        Additional land border inspectors...............       0      36      39      43      44      45      46
                                                         -------------------------------------------------------
          Total.........................................     129     699     774     856     960     978     996
Estimated outlays.......................................       0     532     637     940     994     956     976
----------------------------------------------------------------------------------------------------------------
\1\ Amounts for this provision are specified in the bill. The amount authorized for fiscal year 1996 was reduced
  to reflect $26 million in appropriations already provided.                                                    
\2\ Less than $500,000.                                                                                         

Revenues and direct spending

    Table 4 details estimated changes in revenues and direct 
spending. The most significant changes in direct spending would 
result from provisions contained in Title VI of the bill, in 
particular, from the provisions changing benefits conferred 
through the Supplemental Security Income program, Medicaid, and 
the Earned Income Tax Credit.

                                TABLE 4.--CHANGES IN REVENUES AND DIRECT SPENDING                               
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                              1996      1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
Revenues:                                                                                                       
    New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Earned Income Tax Credit..............         0        14        13        12        13        13        13
                                           ---------------------------------------------------------------------
      Total Revenus.......................         0        14        13        12        13        13        13
                                           =====================================================================
Direct Spending:                                                                                                
    New Criminal Fines and Forfeiture.....         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Immigration Enforcement Account.......         0     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)
    Supplemental Security Income..........         0       -10       -80      -160      -260      -370      -670
    Food Stamps...........................         0         0       -15       -45      -100      -170      -250
    Family Support........................         0        -1       -13       -23       -48       -63       -78
    Medicaid..............................         0        -5      -110      -240      -390      -570      -830
    Earned Income Tax Credit..............         0      -216      -214      -218      -222      -224      -229
    Federal Employee Retirement...........         0         2         4         2         0         0         0
                                           ---------------------------------------------------------------------
      Total Direct SApending..............         0      -230      -428      -684    -1,020    -1,397    -2,057
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

    Fines.--The imposition of new and enhanced civil and 
criminal fines in H.R. 2202 could cause governmental receipts 
to increase, but CBO estimates that any such increase would be 
less than $500,000 annually, civil fines would be deposited 
into the general fund of the Treasury. Criminal fines would be 
deposited in the Crime Victims Fund and would be spent in the 
following year. Thus, direct spending from the fund would match 
the increase in revenues with a one-year lag.
    Forfeiture.--A new forfeiture provision in H.R. 2202 could 
lead to more assets seized and forfeited to the United States, 
but CBO estimates that any such increase would be less than 
$500,000 annually in value. Proceeds from the sale of any such 
assets would be deposited as revenues into the Assets 
Forfeiture Fund of the Department of Justice and spent out of 
that fund in the same year. Thus, direct spending from the 
Assets Forfeiture fund would match any increase in revenues.
    Immigration enforcement account.--The creation of an 
immigration enforcement account in Title III would affect both 
direct spending and receipts. Currently, civil fines collected 
from violations of certain immigration laws are classified as 
revenues for budgetary purposes and deposited into the general 
fund of the Treasury. H.R. 2202 would deposit these collections 
as offsetting receipts into the immigration enforcement account 
and would spend them out of that fund. Thus, direct spending 
would increase, but this increase would be less than $500,000 
annually.
    Legal immigration reform.--H.R. 2202 would reduce legal 
immigration levels by roughly 100,000 entries annually. By law, 
the costs incurred by INS to oversee legal immigration are 
covered by fees it charges, so there is no net impact on the 
federal budget. Reducing legal immigration would decrease the 
fees collected by INS, so the agency would have to reduce its 
costs accordingly, mainly by cutting personnel. INS would 
attempt to maintain a balance between fee collections and 
costs, as it does now. Over time, any imbalance would be 
corrected to achieve a net budgetary impact of zero.
    Preinspection stations.--Based on information from INS, CBO 
estimates that the costs to establish and maintain the first 
five preinspection stations would reach about $40 million 
annually, with similar costs for the second five stations. 
However, as required by law, costs of this sort would be 
covered by increased INS user fees charged to passengers 
entering the United States. Such fees would be recorded as 
offsetting receipts, and additional spending by the INS would 
be considered direct spending. Thus, there would be no net 
budgetary impact from any additional preinspection stations.
    Supplemental security income.--The SSI program pays 
benefits to low-income people with few assets who are aged 65 
or older or disabled. According to tabulations by the 
Congressional Research Service (CRS), the SSI program for the 
aged is the major benefit program with the sharpest contrast in 
participation between noncitizens and citizens. The CRS 
reported that nearly one-quarter of aliens over the age of 65 
receive SSI, versus about 4 percent of citizens. The Social 
Security Administration states that about 700,000 legal aliens 
collect SSI (although some unknown fraction of those ``aliens'' 
are really naturalized citizens, whose change in status is not 
reflected in program records). About three-quarters of alien 
SSI recipients are immigrants legally admitted for permanent 
residence, who must serve out a waiting period during which 
their sponsor's income is ``deemed'' to them before they can go 
on the program. That waiting period was temporarily lengthened 
to 5 years in 1994 but is slated to return to 3 years in 
October 1996. The other one-quarter of alien recipients of SSI 
are refugees, asylees, and PRUCOLs.
    H.R. 2202 would have little effect on the eligibility for 
SSI or other benefits of legal immigrants who are already in 
the U.S., because the bill would not direct the agencies 
administering these programs to make any changes in the way 
they treat aliens who were legally admitted for permanent 
residence before the bill's enactment. Any effect on such 
aliens would be indirect. The bill would amend the ``public 
charge'' section of the Immigration and Nationality Act to 
state that anyone who collected certain benefits within 7 years 
of arrival could be deported, and names the programs in which 
participation would brand the alien a public charge. No 
benefits received before the date of enactment would count 
against the 7-year ban. Nor would benefits paid for certain 
reasons arising after entry--such as the death or disability of 
a breadwinner--count. A public charge ban (for 5, not 7 years 
after the alien's entry) is already on the books, but is hardly 
ever enforced through deportation. The ban apparently has not 
acted as a major deterrent to many aliens' participation in 
public assistance programs. CBO does not rule out that the 
proposed ``public charge'' language might make some aliens who 
are already here fearful of collecting benefits, but views such 
psychological effects as a tenuous basis for budget estimates.
    For future entrants, though, the bill has real teeth. The 
bill's principal effect on the SSI program would be the 
proposed lengthening of the deeming period for future entrants. 
H.R. 2202 would require the government to draft a new affidavit 
of support explicitly telling sponsors that they are liable for 
any public assistance benefits provided to the alien. 
Furthermore, for immigrants covered by such affidavits, the 
deeming period would last until naturalization (if the 
immigrant was admitted as a parent of a citizen or legal 
resident) or for at least 7 years (if admitted in another 
category). CBO assumes that the new forms would be in place by 
early 1997 and that significant savings would begin in 2000--
when that first group of entrants would otherwise have 
graduated from the 3-year deeming period under current law. 
Small savings would occur before 2000, because the bill would 
make two other changes in the way deeming now operates in the 
SSI program--specifically, by requiring that all income of the 
sponsor and spouse be deemed, instead of only a portion of it, 
and by repealing the exemption from deeming for aliens who 
become disabled after their arrival.
    Because the stiffer deeming rules would make little 
difference in the near term, they account for just half of the 
estimated savings of $1.6 billion in SSI over the entire 1996-
2000 period; nevertheless, they contribute two-thirds of the 
estimated savings in fiscal year 2002. H.R. 2202 also proposes 
to shave the number of overall immigrant admissions, and would 
explicitly limit the number of parents of citizens or legal 
residents who may enter the country. Since deeming has proven 
to be a quite powerful tool in the SSI program, the proposed 
cutback in admissions is largely immaterial to CBO's estimate; 
from a dollar standpoint, it matters little whether immigrants 
can get into the country but are then barred from SSI, or 
whether they cannot get into the country in the first place.
    Two other provisions of the bill would generate the 
remaining savings in SSI. First, H.R. 2202 would eliminate 
eligibility for SSI benefits of aliens permanently residing 
under color of law. That label covers such disparate groups as 
parolees, aliens who are granted a stay of deportation, and 
others with various legal statuses. PRUCOLs currently make up 
about 5 percent of aliens on the SSI rolls. CBO assumes that 
some would successfully seek to have their classification 
changed to another category (such as refugee or asylee) that 
would protect their SSI benefits. The remainder, though, would 
be barred from the program, generating savings of about $0.5 
billion over 7 years.
    The second provision would set a statutory ceiling on a 
number of refugee admissions, removing that prerogative from 
the President. The bill would limit refugee admissions to 
75,000 in 1997 and 50,000 a year thereafter. It is impossible 
to say how many refugees would be admitted if current policy 
remained unchanged, since the ceiling is announced by the 
President annually and is affected by geopolitical conditions. 
For this estimate, CBO assumed that, under current policy, 
refugee admissions would drop from 90,000 in fiscal year 1996 
(the ceiling announced by the President) to 75,000 in 1997 and 
beyond. Compared with that path, H.R. 2202 would require a 
reduction of 25,000 refugee admissions a year after 1997. 
Refugees often arrive with little or no money, poor English, 
and limited prospects for employment, so it is not surprising 
that they tend to rely on welfare at first. Tabulations by the 
Office of Refugee Resettlement in the Department of Health and 
Human Services indicate that, of refugees who arrived in the 
past 5 years, about 7 percent are on SSI, 24 percent on Aid to 
Families with Dependent Children (AFDC), and 60 percent on food 
stamps. Based on that pattern, CBO estimates that the limits on 
refugee admissions in H.R. 2202 would lead to savings in the 
SSI program of $0.1 billion over the 1998-2002 period.
    Food stamps.--The estimated savings in the Food Stamp 
program--$0.6 billion over 7 years--are considerably smaller 
than those in SSI but have essentially the same explanations. 
The Food Stamp program imposes a 3-year deeming period. 
Therefore, lengthening the deeming period (to at least 7 years 
for most future entrants and even longer for some) would save 
money in food stamps beginning in 2000. Restrictions on the 
number of legal entrants and particularly of refugees admitted 
into the country account for the rest of the savings. The Food 
Stamp program already denies benefits to most PRUCOLs, so no 
additional savings are estimated from that source.
    Statistics compiled by CRS suggest that about 16 percent of 
noncitizens live in households that receive food stamps, not so 
sharply different from the 12 percent participation rate of 
citizens. Other data on them, though, are sketchier than data 
on aliens in the SSI program. For example, CBO lacks 
information on how long aliens (other than refugees) are in the 
country before going on food stamps, why they file for 
benefits, and how many of them have financial sponsors--
information that would have helped greatly in estimating the 
effects of H.R. 2202.
    Family support.--H.R. 2202 would lead to small savings in 
the AFDC program--again, from essentially the same provisions 
that would generate savings in SSI and food stamps. CRS 
tabulations show that noncitizens are only slightly more likely 
than citizens to participate in the AFDC program (6 percent of 
noncitizens, versus 5 percent of citizens). Often, the 
household consists of a noncitizen parent and a citizen child 
or children--in which case H.R. 2202 would directly affect only 
the parent's eligibility. As for food stamps, information on 
sponsorship, length of time in the country, and reason for 
participation by aliens in AFDC is scanty.
    The AFDC program already deems income from sponsors to 
aliens for three years after the alien's arrival. H.R. 2202 
would lengthen that period to 7 years in most cases. The $0.2 
billion in total savings over the 1997-2002 period would stem 
from lengthening the deeming period, restricting the number of 
admissions of immigrants and refugees, and ending the 
eligibility of PRUCOLs for AFDC benefits.
    Medicaid.--H.R. 2202 would erect several barriers to 
Medicaid eligibility for future entrants into this country. In 
most cases, AFDC or SSI eligibility carries Medicaid 
eligibility along with it. By restricting aliens' access to 
those two cash programs, H.R. 2202 would generate savings in 
Medicaid. Medicaid now has no deeming requirement at all; that 
is, program administrators do not consider a sponsor's income 
when they gauge the alien's eligibility for benefits. 
Therefore, it is possible for a sponsored alien to qualify for 
Medicaid even before he or she has satisfied the SSI waiting 
period. H.R. 2202 would change that by requiring that every 
means-tested program weigh the income of a sponsor who signed 
one of the new, legally enforceable affidavits of support. 
Under current law, PRUCOLs are specifically eligible for 
Medicaid; H.R. 2202 would make them ineligible.
    Finally, H.R. 2202 would bar immigration by parents of 
citizens and legal residents unless a sponsor could document 
that the parent would be covered by a private insurance policy 
that provides coverage similar to Medicare plus long-term care 
protection equivalent to Medicaid. Such coverage would be 
extremely expensive if it even exists. That requirement was not 
critical to CBO's estimate of Medicaid savings in H.R. 2202, 
because CBO judged that the other SSI provisions and the 
deeming requirements would effectively bar most elderly 
entrants from the Medicaid program over the 1997-2002 period. 
The estimate assumes that the new, legally enforceable 
affidavits will be in place by early 1997. If that assumed 
timetable were to slip, perhaps because of the sheer difficulty 
of crafting acceptable criteria for insurance coverage, 
estimates of savings in other programs that also hinge on the 
new affidavits could also slip. If enforced stringently, the 
insurance requirement could effectively forbid immigration of 
all except the wealthiest parents of U.S. residents.
    CBO estimated the savings in Medicaid by first estimating 
the number of aliens who would be barred from the SSI and AFDC 
programs by other provisions of H.R. 2202. CBO then added 
another group--dubbed ``noncash beneficiaries'' in Medicaid 
parlance because they participate in neither of the two cash 
programs. CBO assumed that the noncash participants who would 
be affected by H.R. 2202 essentially fall into two groups. One 
is the group of elderly (and less importantly, disabled) aliens 
who enter in 1997 and beyond and who could, under current law, 
seek Medicaid even before they satisfied the 3-year wait for 
SSI, the second is poor children and pregnant women who could, 
under current law, qualify for Medicaid even if they do not get 
AFDC. CBO then multiplied the assumed number of aliens affected 
times an average Medicaid cost appropriate for their group. 
That average cost is significantly higher for an aged or 
disabled person than for a younger mother or child. In 
selecting an average cost, CBO took into account the fact that 
relatively few aged or disabled aliens receive expensive long-
term care in Medicaid-covered institutions, but that on the 
other hand few are eligible for Medicare as their primary 
payer. The resulting estimate of Medicaid savings was then 
trimmed by 25 percent to reflect the fact that--if the aliens 
in question were barred from regular Medicaid--the federal 
government would likely end up paying more in reimbursements 
for emergency care and for uncompensated care. The resulting 
savings in Medicaid would be negligible at first but would 
reach an estimated $0.8 billion by 2002, totaling $2.1 billion 
over the 1997-2002 period.
    One of the few benefits for which illegal aliens now 
qualify is emergency Medicaid under section 1903(v) of the 
Social Security Act. H.R. 2202 contains a provision that is 
apparently intended to make the federal government responsible 
for the entire cost of emergency Medicaid services, instead of 
splitting the cost with states as under the current matching 
requirements. However, the drafting of the provision leaves 
several legal and practical issues dangling. H.R. 2202 would 
not repeal the current provision in section 1903(v). It also 
orders the Immigration and Naturalization Service to verify the 
identity of recipients in order for the states to qualify for 
the proposed reimbursement. Emergency patients often show up 
with no insurance and little other identification; therefore, 
if the INS drafted stringent rule for verification, it is 
possible that hardly any providers could collect under this 
section. On the other hand, if the INS required only minimal 
identification, providers would have an incentive to classify 
as many patients as possible in this category because that 
would maximize their federal reimbursement. Also unclear is 
whether any reimbursement would be subject to the usual limits 
on allowable charges in Medicaid, or whether providers could 
seek reimbursement for their entire cost.
    Earned income tax credit.--H.R. 2202 would deny eligibility 
for the Earned Income Tax Credit (EITC) to workers who are not 
authorized to be employed in the U.S. In practice, that 
provision would work by requiring valid Social Security numbers 
to be filed for the primary and secondary taxpayers on returns 
that claim the EITC. A similar provision was contained in 
President Clinton's 1996 budget proposal and in last fall's 
reconciliation bill. The Joint Committee on Taxation estimates 
that the provision would reduce the deficit by approximately 
$0.2 billion a year. Most of this reduction would appear as 
lower outlays for the refundable portion of the credit, but 
there would also be a small increase in revenues.
    Federal employee retirement.--H.R. 2202 would have a small 
effect on the net outlays of federal retirement programs. 
Section 533 and 356 of the bill would permit certain civilian 
and military retirees to collect their full pensions in 
addition to their salary if they are reemployed by the 
Department of Justice to help tackle a backlog of asylum 
applications or support the Institutional Hearing Program. 
Under current law, an employing agency must deduct the annuity 
amount from the paycheck of a reemployed civil service 
annuitant and remit that amount to the retirement trust fund. 
The retirement fund, in effect, makes no net annuity payments 
for the period of the annuitant's reemployment. (Rules 
governing the reemployment of military retirees are slightly 
more liberal, but still require forfeiture of part of the 
annuity.) Under the bill, the salary reduction requirement 
would be waived for up to 24 months of reemployment. CBO 
estimates that about 200 annuitants would be affected, and that 
net outlays would increase by $2 million to $4 million a year 
in 1997 through 1999.
    Other programs.--Entitlement or direct spending programs, 
other than those already listed, are estimated to incur 
negligible costs or savings over the 1997-2002 period as a 
consequence of H.R. 2202. The child nutrition program would be 
specifically exempt from H.R. 2202's ban on benefits to illegal 
aliens. It is possible that child nutrition would fall under 
the requirement that all means-tested programs develop sponsor-
to-alien deeming provisions for future entrants; however, the 
applicability of that section is ambiguous, and it would take 
time to craft deeming rules and implement them in school 
systems nationwide in any case. The foster care program does 
not appear by name on any specific list of exemptions in H.R. 
2202, but CBO assumes that it would be exempt under provisions 
protecting battered children. CBO estimates that the bill would 
not lead to any significant savings in the student loan 
program. The Title XX social services program, an entitlement 
program for the states, is funded at a fixed dollar amount set 
by the Congress; the eligibility or ineligibility of aliens for 
services would not have any direct effect on those dollar 
amounts.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. Because several sections of 
this bill would affect receipts and direct spending, pay-as-
you-go procedures would apply. These effects are summarized in 
the following table.

------------------------------------------------------------------------
                                       1996         1997         1998   
------------------------------------------------------------------------
Change in outlays................            0         -230         -428
Change in receipts...............            0           14           13
------------------------------------------------------------------------

    8. Estimated impact on state, local, and tribal 
governments: CBO has not completed its review of possible 
mandates in H.R. 2202. This section represents a preliminary 
analysis of the mandates contained in the bill and their likely 
impacts on the budgets of state, local, and tribal governments. 
A comprehensive mandate cost statement will be provided when 
CBO's analysis is completed.
    H.R. 2202 contains a number of mandates on state and local 
governments. The major mandates would require that state and 
local governments:
          Deny non-legal aliens, including those permanently 
        residing under color of law, eligibility for all means-
        tested state and local benefit programs except 
        emergency Medicaid, immunizations, disaster relief, and 
        family violence services;
          Distribute means-tested benefits only through 
        individuals who are themselves eligible for the 
        program, at least on the basis of their immigration 
        status; and
          Impose no restrictions on the exchange of information 
        between governmental entities or officials and the 
        Immigration and Naturalization Service regarding the 
        immigration status of individuals.
    In addition, H.R. 2202 would require employers, including 
state and local government personnel offices, in at least five 
states to confirm through a toll-free telephone number (or 
other electronic media), the identity, Social Security number, 
and work eligibility of all employees within three days of 
hiring.
    CBO's preliminary conclusion is that the total net costs of 
the bill's mandates on state and local governments would not 
exceed the $50 million annual threshold established in the 
Unfunded Mandates Reform Act.
    9. Estimated impact on the private sector: H.R. 2202 
contains several private sector mandates. Although CBO has not 
completed its analysis of impacts on the private sector, our 
preliminary analysis indicates that the expected direct costs 
of private sector mandates contained in H.R. 2202 would exceed 
$100 million a year.
    Generally, speaking, the private sector mandates in H.R. 
2202 lie in four areas: (1) provisions that affect aliens 
within the borders of the United States, (2) provisions that 
affect individuals who sponsor aliens and execute affidavits of 
support, (3) provisions that affect the transportation 
industry, and (4) provisions that affect employers of aliens. 
In addition, a few provisions would reduce existing mandates on 
employers and offset marginally some of the costs imposed by 
new mandates.
    Specifially, we expect that the direct costs imposed on 
sponsors of aliens who execute affidavits of support to exceed 
$100 million a year within the first five years that the 
mandate is in effect. Those are costs now borne by the federal 
government and state and local governments for the provision of 
benefits under public assistance programs. We also expect that 
some direct costs would be imposed on aliens within U.S. 
borders, the transportation industry, and the employers of 
aliens but that those costs would not be significant.
    10. Previous CBO estimate: In 1995 CBO prepared many 
estimates of the effects of restricting aliens' eligibility for 
public assistance in the context of the debate over welfare 
reform. Examples include CBO's estimates of H.R. 4 (the welfare 
reform bill) and of H.R. 2491 (the reconciliation bill), both 
of which were eventually vetoed. In general, however, those 
proposals did not draw a sharp distinction between aliens 
already in the country and future entrants. CBO has not 
previously estimated the effects of restrictions on public 
assistance like those in H.R. 2202 that are essentially 
targeted at future entrants.
    11. Estimate prepared by: Federal Cost Estimate: Mark 
Grabowicz, Wayne Boyington, Sheila Dacey, Dorothy Rosenbaum, 
Robin Rudowitz, Kathy Ruffing, and Stephanie Weiner.
    State and Local Government Estimate: Karen McVey and Leo 
Lex.
    Private Sector Mandate Estimate: Matthew Eyles.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director, for Budget Analysis.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2202 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section by Section Analysis

  TITLE I--DETERRENCE OF ILLEGAL IMMIGRATION THROUGH IMPROVED BORDER 
         ENFORCEMENT, PILOT PROGRAMS, AND INTERIOR ENFORCEMENT

               Subtitle A--Improved Enforcement at Border

Sec. 101.--Border patrol agents and support personnel

    Subsection (a) provides that the number of border patrol 
agents shall be increased by 1000 per year from 1996 through 
2000. Subsection (b) provides that the number of support 
personnel for border enforcement, investigations, detention and 
deportation, intelligence, information and records, legal 
proceedings, and management and administration shall be 
increased beginning in fiscal year 1996 by 800 positions above 
the number existing as of September 30, 1994. Subsection (c) 
requires the deployment of new border patrol agents to border 
sectors in proportion to the level of illegal entries in the 
sectors.

Sec. 102.--Improvement of barriers at border

    Subsection (a) provides that the Attorney General and the 
Commissioner of the Immigration and Naturalization Service 
(INS) shall install additional physical barriers and roads to 
deter illegal crossings into the U.S. in areas of high illegal 
entry.
    Subsection (b) provides that in carrying out subsection (a) 
in the San Diego sector, the Attorney General shall provide for 
multiple fencing, separated by roads, for the 14 miles eastward 
of the Pacific Ocean. The Attorney General shall promptly 
acquire necessary easements for the fencing and roads. There 
are authorized to be appropriated $12,000,000 for these fences 
and roads.
    Subsection (c) provides for a waiver of the Endangered 
Species Act to the extent necessary to expeditiously complete 
construction of the roads and fences under this section.
    Subsection (d) requires the Attorney General to forward 
deploy existing border patrol agents in those border areas with 
high levels of illegal entry and to submit a report within 6 
months of the date of enactment regarding the progress and 
effectiveness of such forward deployments.

Sec. 103.--Improved border equipment and technology

    This section authorizes the Attorney General to acquire 
Federal equipment, including aircraft, helicopters, vehicles, 
and night vision equipment, to improve the deterrence of 
illegal immigration into the U.S. Some of this material may be 
acquired from the Department of Defense. Where necessary for 
the proper utilization of such equipment, the Committee 
believes that it would be appropriate for military personnel to 
provide training to Border Patrol agents and other immigration 
officers. Responsibility for operation of material acquired by 
the Attorney General would remain in the hands of employees of 
the Department of Justice.

Sec. 104.--Improvement in border crossing identification card

    This section amends the definition in section 101(a)(6) of 
the Immigration and Nationality Act 121 of the ``border 
crossing identification card.'' The amendment requires that 
within 6 months of the date of enactment, all new border 
crossing ID cards (which are issued only to aliens) include a 
biometric identifier, such as a handprint or fingerprint of the 
alien. The amendment also requires that within 36 months, an 
alien cannot be admitted to the United States on the basis of 
such a card unless the biometric identifier on the card matches 
the appropriate biometric characteristic of the alien. The 
amendment requires that within a year after implementing the 
requirement for new ID cards, the Attorney General shall report 
to Congress on the impact of issuing the new cards on border 
crossing activities.
    \121\ Unless otherwise specified, all references to existing 
statutes are to sections of the Immigration and Nationality Act.
---------------------------------------------------------------------------

Sec. 105.--Civil penalties for illegal entry

    This section amends section 275 by redesignating 
subsections (b) and (c) and inserting a new subsection (b). The 
new subsection provides that an alien apprehended while 
entering or attempting to enter the U.S. illegally shall be 
subject to a civil penalty of not less than $50 nor more than 
$250. The penalties shall be doubled in the case of an alien 
previously subject to such penalties.

Sec. 106.--Prosecution of aliens repeatedly re-entering the united 
        states unlawfully

    This section authorizes the appropriations of such sums as 
may be necessary to provide for detention and prosecution of 
any alien who has illegally reentered the U.S. if the alien has 
illegally reentered the U.S. on two previous occasions. This 
section also states the sense of Congress that the Attorney 
General use available resources to detain and prosecute such 
aliens.

Sec. 107.--Inservice training for the border patrol

    This section amends section 103 of the INA by adding a new 
subparagraph (e), to provide for programs that would train 
Border Patrol agents to ensure and safeguard the constitutional 
and civil rights, personal safety, and human dignity of aliens 
and citizens with whom they come into contact. The annual 
report of the INS shall include a description of the steps 
taken to carry out this provision.

                      Subtitle B--Pilot Programs.

Sec. 111.--Pilot program on interior repatriation

    This section requires the Attorney General, after 
consultation with the Secretary of State, to establish a pilot 
program for up to 2 years to deter multiple illegal entries 
into the U.S., which may include interior repatriation, third 
country repatriation, and other disincentives to multiple 
unlawful entries. Not later than 30 months after the date of 
enactment, the Attorney General and Secretary of State shall 
report on the pilot program, including whether the program or 
any part should be extended or made permanent.

Sec. 112.--Pilot program on use of closed military bases for the 
        detention of inadmissible or deportable aliens

    This section requires the Attorney General and the 
Secretary of Defense to establish a pilot program for up to 2 
years to determine the feasibility of using military bases 
closed because of a base closure law as detention centers for 
the Immigration and Naturalization Service. The Attorney 
General and the Secretary of State are to submit a report not 
later than 30 months after the date of enactment to the 
Committees on the Judiciary and the Committees on Armed 
Services of the House of Representatives and the Senate.

Sec. 113.--Pilot program to collect records of departing passengers

    This section requires the Commissioner of the INS, within 
180 days after the date of enactment, to establish a pilot 
program in which INS officers would collect a record of 
departure for every alien departing the U.S. and match the 
record of departure with the record of the alien's arrival in 
the U.S. The program shall be operated in not less than 3 of 
the 5 air ports of entry with the heaviest volume of arriving 
international air traffic. Instances of visa overstay 
identified through the pilot program shall be included in INS 
and Department of State databases. Not later than 2 years after 
the pilot program is implemented, the Commissioner shall submit 
a report on the number of departure records collected and other 
statistics, the estimated cost of establishing a national 
system to verify the departure from the U.S. of aliens admitted 
as nonimmigrants, and specific recommendations for the 
establishment of such a system.

                    Subtitle C--Interior Enforcement

Sec. 121.--Increase in personnel for interior enforcement

    This section authorizes the appropriation of funds to 
increase the number of investigators and other enforcement 
personnel deployed in the interior of the United States to a 
level adequate to properly investigate violations of and 
enforce immigration law. It is the intent of this section to 
include among interior enforcement personnel inspectors at 
United States airports, as well as INS investigators and 
detention and deportation officers.

 TITLE II--ENHANCED ENFORCEMENT AND PENALTIES AGAINST ALIEN SMUGGLING; 
                             DOCUMENT FRAUD

 Subtitle A--Enhanced Enforcement and Penalties Against Alien Smuggling

    This subtitle includes provisions in several immigration 
reform bills introduced in the 103rd Congress and the 104th 
Congress, and in the immigration reform legislation submitted 
by the Clinton Administration in May 1995.

Sec. 201--Wiretap authority for alien smuggling investigations

    This section amends 18 U.S.C. 2516(1) to give INS the 
authority under that section to use wiretaps in investigations 
of alien smuggling and document fraud violations under section 
1028 (production of false identification documents), 1541 
(unauthorized issuance of passports), 1542 (false statements in 
passport applications), 1546 (fraud and misuse of visas, 
permits, and other documents) of title 18, or sections 274, 
277, or 278 of the INA (smuggling of aliens).

Sec. 202--Racketeering offenses relating to alien smuggling

    This section amends 18 U.S.C. 1961(1) to include as 
racketeering offenses acts indictable under: section 1028 
(fraud and related activity in connection with identification 
documents), section 1542 (false statement in application and 
use of passport), 1543 (forgery and false use of passport), 
1544 (misuse of passport), 1546 (fraud and misuse of visas, 
permits, and other documents), and 1581-1588 (peonage and 
slavery), and sections 274, 277, and 278 of the INA (alien 
smuggling and related offenses).

Sec. 203--Increased criminal penalties for alien smuggling

    Subsection (a) amends section 274(a)(1)(B)(i) to provide 
that any person who violates the prohibitions in 
274(a)(1)(A)(ii)-(iv) against transporting, harboring, or 
inducing an illegal alien to come to the U.S. may be imprisoned 
for up to 10 years if the offense was committed for purposes of 
commercial advantage or private financial gain.
    Subsection (a) also adds a new subparagraph (C) to section 
274(a)(1), providing that a person who engages in a conspiracy 
to commit or aids and abets in the commission of offenses under 
section 274(a)(1)(A) shall be fined and imprisoned for up to 10 
years (alien smuggling) or up to 5 years (transportation, 
harboring, inducement).
    Subsection (b) amends section 274(a)(2)(B) (bringing into 
the U.S. an alien not authorized to enter) by adding a new 
clause (iv) to make it an aggravating factor if the offense is 
committed with the intent or reason to believe that the alien 
will commit a crime punishable by imprisonment for more than 
one year. This subsection also amends this subparagraph to 
provide that if any of the aggravating factors are present, the 
violator shall be fined under title 18 and imprisoned for not 
less than 3 years nor more than 10 years.
    Subsection (c) amends section 274(a)(2) to provide that the 
punishments for unlawfully bringing an alien to the U.S. shall 
apply to each alien with respect to whom a violation occurs, 
replacing the current provision that the punishments shall 
apply to ``each transaction,'' regardless of the number of 
aliens involved.

Sec. 204--Increased number of assistant United States Attorneys

    This section provides that the number of Assistant U.S. 
Attorneys shall be increased in fiscal years 1996 by 25, and 
that such new Assistant U.S. Attorneys shall prosecute persons 
involved in smuggling or harboring of illegal aliens, or other 
crimes involving illegal aliens.

Sec. 205--Undercover investigation authority

    This section amends title II of the INA to add a new 
section 294, providing authority for the INS to use 
appropriated funds for the establishment and operation of 
undercover proprietary corporations or business entities.

                Subtitle B--Deterrence of Document Fraud

Sec. 211--Increased criminal penalties for fraudulent use of 
        Government-issued documents

    Subsection (a) amends 18 U.S.C. 1028(b)(1), relating to 
fraud and misuse of government-issued identification documents, 
to increase the maximum term of imprisonment from 5 to 15 
years. The sentence is increased 20 years if the offense is 
committed to facilitate a drug-trafficking crime, and to 25 
years if committed to facilitate an act of international 
terrorism.
    Subsection (b) directs the Sentencing Commission promptly 
to increase the basic offense levels for document fraud 
offenses under sections 1028(a) and 1546(a) of title 18: 
offense level 15 if the offense involved 100 or more documents; 
level 20 if the offense involved 1,000 or more documents or was 
done to facilitate a drug offense or aggravated felony, and 
level 25 if done to provide documents to persons engaged in 
terrorist activity or racketeering enterprises.

Sec. 212.--New civil penalties for document fraud

    Subsection (a) amends section 274C(a) by adding a new 
paragraph (5) to make it unlawful for any person knowingly or 
in reckless disregard of the fact that the information is false 
or does not relate to the applicant, to prepare, file, or 
assist another person in preparing or filing, documents which 
are falsely made for the purpose of satisfying a requirement of 
the INA. ``Falsely made'' shall include a document submitted 
with knowledge or reckless disregard of the fact that the 
document contains a false, fictitious, fraudulent statement or 
material misrepresentation, has no basis in law or fact, or 
fails to state a material fact.
    Subsection (b) makes conforming amendments to section 
274C(d)(3).
    Subsection (c) provides that the amendment shall apply to 
assistance, preparation, or submission of documents or 
applications occurring on or after the date of enactment.

Sec. 213.--New civil penalty for failure to present documents and for 
        preparing immigration documents without authorization

    Subsection (a) amends section 274C(a) by adding a new 
paragraph (6) to apply civil penalties against an alien who 
presents upon boarding a common carrier a document relating to 
the alien's eligibility to be admitted to the United States and 
then fails to present the document upon arrival. The Attorney 
General may waive these penalties if the alien is subsequently 
granted asylum. Subsection (a) also adds a new paragraph (7) to 
apply civil penalties against any person who prepares or 
assists in preparing immigration forms, petitions, and 
applications who is not authorized to represent aliens or to 
assist in the preparation and submission of such forms.
    Subsection (b) provides that these amendments shall apply 
to individuals who board a common carrier on or after 30 days 
after enactment.

Sec. 214. New criminal penalties for failure to disclose role as 
        preparer of false application for asylum and for preparing 
        certain post-conviction applications

    This section amends section 274C of the INA by adding a new 
subsection (e), providing that a person who fails to disclose 
or conceals his role in preparing, for fee or other 
remuneration, a false application for asylum shall be 
imprisoned for not less than 2 years nor more than 5 years and 
also shall be prohibited from preparing, whether or not for fee 
or other remuneration, any other such application for at least 
5 years and not more that 15 years. A person convicted under 
this section who later prepares or assists in preparing an 
application for asylum, regardless of whether for a fee or 
other remuneration, is subject to imprisonment of not less than 
5 nor more than 15 years and is prohibited from preparing any 
other such application.

Sec. 215.--Criminal penalty for knowingly presenting document which 
        fails to contain reasonable basis in law or fact

    This section amends 18 U.S.C. 1546(a) to provide that the 
penalty for knowingly presenting a document which contains a 
false statement also extends to a document which fails to 
contain any reasonable basis in law or fact.

Sec. 216.--Criminal penalties for false claim to citizenship

    This section amends 18 U.S.C. 1015 by adding new 
subparagraphs (e) and (f). New subparagraph (e) provides for 
criminal penalties against any person who makes a false claim 
to United States citizenship or nationality for the purpose of 
obtaining, for himself or any other person, any Federal benefit 
or service or employment in the United States. New subsection 
(f) provides for criminal penalties against any person who 
makes a false claim to United States citizenship in order to 
vote or register to vote in any Federal, State, or local 
election, including an initiative, recall, or referendum.

      Subtitle C--Asset Forfeiture for Passport and Visa Offenses

Sec. 221.--Criminal forfeiture for passport and visa related offenses

    This section amends 18 U.S.C. 982(a) by adding a new 
paragraph (6), providing that a person who is convicted of a 
violation of or of a conspiracy to violate sections 1541, 1542, 
1543, 1544, or 1546 of title 18, or section 1028 of title 18 if 
committed in connection with passport or visa issuance or use, 
shall forfeit any property, real or personal, which was used or 
intended to be used in facilitating the violation, and any 
property constituting, derived from, or traceable to the 
proceeds of the violation.

Sec. 222.--Subpoenas for bank records

    This section amends section 986(a) of title 18 to permit 
the issuance of subpoenas for bank records in investigations of 
offenses under sections 1028, 1541, 1542, 1543, 1544, and 1546 
of title 18.

Sec. 223. Effective date

    This provides that the amendments made by this subtitle 
take effect on the first day of the first month that begins 
more than 90 days after the date of enactment.

   TITLE III--INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND 
             REMOVAL OF INADMISSIBLE AND DEPORTABLE ALIENS

        Subtitle A--Revision of Procedures for Removal of Aliens

Sec. 300.--Overview of changes in removal procedures

    This section provides an overview of changes made in the 
procedures for inspection, exclusion, apprehension, and 
deportation of aliens under the Immigration and Nationality 
Act.

Sec. 301.--Treating persons present in the United States without 
        authorization as not admitted

    Subsection (a) of this section amends section 101(a)(13) of 
the INA by replacing the definition of ``entry'' with a 
definition for ``admission'' and ``admitted'': the entry of an 
alien into the United States after inspection and authorization 
by an immigration officer. An alien who is paroled under 
section 212(d)(5) shall not be considered to have been 
admitted. With certain exceptions (specified below) a returning 
lawful permanent resident alien (LPR) is not considered to be 
seeking admission.
    Comment.--This subsection is intended to replace certain 
aspects of the current ``entry doctrine,'' under which illegal 
aliens who have entered the United States without inspection 
gain equities and privileges in immigration proceedings that 
are not available to aliens who present themselves for 
inspection at a port of entry. Hence, the pivotal factor in 
determining an alien's status will be whether or not the alien 
has been lawfully admitted. Parolees under INA section 
212(d)(5), who are not considered to have made an ``entry'' 
under current law,122 will likewise not be considered to 
have been admitted under this new definition. Finally, this 
section preserves a portion of the Fleuti doctrine 123 by 
stating that a returning lawful permanent resident shall not be 
regarded as seeking admission unless the alien has relinquished 
lawful permanent resident status; has engaged in criminal 
activity after having left the U.S.; has departed the U.S. 
while under removal or extradition proceedings; or has been 
convicted of an aggravated felony, unless since such conviction 
the alien has been granted relief under new section 240A(a) 
(cancellation of removal for certain aliens lawfully admitted 
for permanent residence). However, this section intends to 
overturn certain interpretations of Fleuti 124 by stating 
that a returning lawful permanent resident alien is seeking 
admission if the alien is attempting to enter or has entered 
the United States without inspection and authorization by an 
immigration officer.
    \122\ See Leng May Ma v. Barber, 357 U.S. 185 (1958); INA 
Sec. 212(d)(5), 8 U.S.C. Sec. 1182(d)(5).
    \123\ See Rosenberg v. Fleuti, 374 U.S. 449 (1963) (lawful 
permanent resident returning from abroad not considered to have made a 
new ``entry'' if trip was ``innocent, casual, and brief'').
    \124\ See, e.g., Matter of Romero, (BIA, Dec. 19, 1990).
---------------------------------------------------------------------------
    Subsection (b) adds a new paragraph (9) to subsection 
212(a) (grounds of inadmissibility). The new paragraph states 
in subparagraph (A) that an alien who is present in the U.S. 
without being admitted or paroled, or who has arrived in the 
U.S. at any time or place other than as designated by the 
Attorney General, is inadmissible. Subparagraph (B) provides 
that the grounds of inadmissibility shall not apply if: (I) the 
alien qualifies for immigrant status as the spouse or child of 
a United States citizen or lawful permanent resident; (II) the 
alien or the alien's child has been battered or subject to 
extreme cruelty; and (III) there was a substantial connection 
between the cruelty or battery and the alien's unlawful entry 
into the United States. As a matter of transition, the 
requirements under (II) and (III) shall not apply if the alien 
establishes that he or she first entered the United States 
prior to the effective date of Title III of this legislation, 
as set forth in section 309(a).
    Comment.--This subsection will conform the grounds of 
inadmissibility under section 212(a) with the new doctrine of 
``admission'' established in section 301(a) of the bill. 
Currently, aliens who have entered without inspection are 
deportable under section 241(a)(1)(B). Under the new 
``admission'' doctrine, such aliens will not be considered to 
have been admitted, and thus, must be subject to a ground of 
inadmissibility, rather than a ground of deportation, based on 
their presence without admission. (Deportation grounds will be 
reserved for aliens who have been admitted to the United 
States.)
    The exception in subparagraph (B) will ensure that this new 
ground of inadmissibility does not apply to certain battered or 
abused alien spouses and children, where the alien's illegal 
entry is substantially connected to the battery or abuse. The 
exception will apply to alien spouses and children who, due to 
the amendments to section 204(a)(1)(A) made by section 40701 of 
the Violent Crime Control and Law Enforcement Act of 1994, are 
eligible to petition for immigrant visas because they have been 
battered or subject to extreme cruelty as defined in that 
section, and who have been battered or subject to extreme 
cruelty as defined in subparagraph (B) if the alien's unlawful 
entry was substantially connected to such battery or cruelty.
    The transition provision will ensure that aliens who were 
granted self-petition rights under section 40701 of VCCLEA and 
who were first present in the U.S. prior to the effective date 
of this title need meet no other criteria in order to be 
exempted from this new ground of inadmissibility.
    Subsection (c) revises paragraph (6) of section 212(a) 
(inadmissibility for aliens previously removed from the United 
States). Current paragraph (6)(A) imposes a 1-year bar to 
admission for an alien ordered excluded and deported from the 
United States, and current paragraph (6)(B) imposes a 5-year 
bar to admission for an alien deported from the United States, 
except in the case of an alien convicted of an aggravated 
felony, in which case the bar is for 20 years. Revised 
paragraph (6)(A)(i) provides that an alien ordered removed 
under revised section 235(b)(1), or at the end of proceedings 
under new section 240 that were initiated upon the alien's 
arrival in the United States, is inadmissible for a period of 5 
years. Revised paragraph (6)(A)(ii) provides that an alien 
otherwise ordered removed from the United States shall be 
barred from admission for 10 years (or permanently in the case 
of an alien convicted of an aggravated felony). These bars to 
readmission can be waived (as in current law) if the Attorney 
General has given prior consent to the alien's reapplying for 
admission.
    Revised paragraph (6)(B) provides that an alien unlawfully 
present in the United States for an aggregate period totalling 
1 year is inadmissible unless the alien has remained outside of 
the United States for 10 years. No period of time in which the 
alien was present in the United States as a minor under the age 
of 18, as a bona fide applicant for asylum under section 208, 
as an alien authorized to be employed in the United States, or 
as a beneficiary of family unity protection, shall count 
towards the aggregate 1-year period. This bar shall not apply 
to an alien described in new section 212(a)(9)(B) (battered 
spouse or child). An alien may be granted a 3-month extension 
if the alien applies for such extension prior to the expiration 
of the 1-year period and the failure to extend the period would 
constitute extreme hardship to the alien. The Attorney General 
may waive this ground of inadmissibility if the Attorney 
General determines that admission of the alien would 
substantially benefit a specifically defined national interest 
or, in the case of an alien who is the spouse, parent, or child 
of a United States citizen of lawful permanent resident, for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.
    Subsection (d) revises section 212(i) to provide that the 
ground of inadmissibility under section 212(a)(6)(C) (fraud and 
misrepresentation) may be waived in the case of a spouse, son, 
or daughter of a United States citizen or, in the case of a 
spouse, son, or daughter of a lawful permanent resident, if the 
refusal of admission would result in extreme hardship to the 
lawfully resident spouse or parent.
    Comment.--The intent of this amendment is to strengthen 
penalties against immigration fraud by making waiver of this 
ground of inadmissibility available only to members of nuclear 
families, and to apply an extreme hardship requirement in the 
case of family members of lawful permanent residents.
    Subsection (e) amends redesignated section 212(a)(10) by 
adding a new subparagraph (D), making inadmissible any alien 
who had previously renounced United States citizenship for the 
purpose of avoiding taxation.
    Subsection (f)(1) amends section 212(a)(1)(A) by adding a 
new clause (ii), making inadmissible any alien who seeks 
immigration as an immigrant who does not present evidence of 
vaccination against mumps, measles, rubella, polio, tetanus and 
diphtheria toxoids, pertussis, influenza type B and hepatitis 
B, and any other vaccinations recommended by the Advisory 
Committee for Immunization Practices.
    Subsection (f)(2) amends section 212(g) to make conforming 
amendments and to add a new paragraph (3), providing that the 
new exclusion ground related to vaccinations may be waived if 
the alien receives the required vaccination or if a civil 
surgeon or similar official designated in 42 CFR 34.2 certifies 
that the vaccination would not be medically appropriate.
    The foregoing amendments shall apply to applicants for 
immigrant visas or adjustment of status filed after September 
30, 1996. The Committee anticipates that the INS and the State 
Department will provide notification to persons seeking 
admission to the U.S. of the need to obtain the required 
vaccinations.
    Subsection (g) conforms references in section 241(a) 
(grounds of deportability) to reflect the change in 
nomenclature in section 212(a) from ``excludable'' to 
``inadmissible.'' Subparagraph (B) of paragraph 241(a)(1) 
(entry without inspection) will be amended to state that an 
alien present in the United States in violation of law is 
deportable. The current category of persons who are deportable 
because they have made an entry without inspection will, under 
subsection (c) of this section, be considered inadmissible 
under new paragraph (9) of subsection 212(a).

Sec. 302.--Inspection of aliens; expedited removal of inadmissible 
        arriving aliens; referral for hearing (revised section 235)

    This section will amend section 235 of the INA, regarding 
the inspection of aliens arriving in the U.S.
    Applicants for admission.--New section 235(a) provides that 
an alien present in the United States who has not been admitted 
to the U.S. (see Section 301(a) of this bill), who arrives at 
the United States, whether or not at a designated port of 
arrival, or who is brought to the United States after having 
been interdicted in international or United States waters, 
shall be deemed an applicant for admission.
    An arriving alien who is a stowaway is not eligible to 
apply for admission or to be admitted and shall be ordered 
removed upon inspection by an immigration officer. A stowaway 
shall not be eligible to apply for asylum in the United States 
unless the stowaway establishes a credible fear of persecution 
pursuant to the expedited review process in section 235(b)(1).
    Aliens seeking admission, readmission, or transit through 
the United States shall be inspected by an immigration officer, 
who shall have the same authority to take statements and 
receive evidence as under current section 235 of the INA. An 
alien applying for admission may, at the discretion of the 
Attorney General, be permitted to withdraw the application for 
admission and depart immediately from the United States.
    New section 235(b) establishes new procedures for the 
inspection and in some cases removal of aliens arriving in the 
United States.
    Expedited removal of arriving aliens.--New paragraph (b)(1) 
provides that if an examining immigration officer determines 
that an alien is inadmissible under section 212(a)(6)(C) (fraud 
or misrepresentation) or 212(a)(7) (lack of valid documents), 
the officer may order the alien removed without further hearing 
or review, unless the alien states a fear of persecution or a 
desire to apply for asylum.
    An alien who states a fear of persecution or a wish to 
apply for asylum shall be referred for interview by an asylum 
officer, who is an immigration officer who has had professional 
training in asylum law, country conditions, and interview 
techniques. If the officer finds that the alien has a credible 
fear of persecution, the alien shall be detained for further 
consideration of the application for asylum. If the alien does 
not meet this standard, and the officer's decision is upheld by 
a supervisory asylum officer, the alien will be ordered 
removed. An alien may consult with a person of his or her 
choosing before the interview, at no expense to the Government 
and without delaying the interview. A ``credible fear of 
persecution'' means that it is more probable than not that the 
alien is telling the truth and the alien has a reasonable 
possibility of establishing eligibility for asylum.
    There is no administrative review of a removal order 
entered into under this paragraph, but an alien claiming under 
penalty of perjury to be lawfully admitted for permanent 
residence shall be entitled to administrative review of such an 
order. An alien ordered removed under this paragraph may not 
make a collateral attack against the order in a prosecution 
under section 275(a) (illegal entry) or 276 (illegal reentry).
    Inspection of other arriving aliens.--New paragraph (b)(2) 
provides that an alien determined to be inadmissible by an 
immigration officer (other than an alien subject to removal 
under paragraph (b)(1), or an alien crewman or stowaway) shall 
be referred for a hearing before an immigration judge under new 
section 240.
    Aliens inadmissible on national security grounds.--
Subsection (c) restates the provisions of current section 
235(c) regarding the removal of aliens arriving in the United 
States who are inadmissible on national security grounds. This 
subsection is not intended to apply in the case of aliens who 
are inadmissible under new section 212(a)(9) because they are 
already present in the United States. Such aliens could be 
subject to the special removal procedures provided in Subtitle 
B of this Title.
    Authority of officers.--New subsection (d) restates 
provisions currently in section 235(a) authorizing immigration 
officers to search conveyances, administer oaths, and receive 
evidence, and to issue subpoenas enforceable in a United States 
district court.

Sec. 303--Apprehension and detention of aliens not lawfully in the 
        United States (revised section 236)

    Subsection (a) of this section will amend section 236 of 
the INA to include provisions currently contained in sections 
236 and 242. Subsection (b) authorizes an increase in INS 
detention facilities to 9,000 beds by FY 1997.
    Section 236.--Section 236(a) restates the current 
provisions in section 242(a)(1) regarding the authority of the 
Attorney General to arrest, detain, and release on bond an 
alien who is not lawfully in the United States. (The current 
authority in section 242(a) for a court in habeas corpus 
proceedings to review the conditions of detention or release 
pending the determination of the alien's inadmissibility or 
deportability is not retained.) The minimum bond for an alien 
released pending removal proceedings is raised from $500 to 
$1500.
    New section 236(b) restates the current provisions in 
section 242(a)(1) that the Attorney General may at any time 
revoke an alien's bond or parole.
    New section 236(c) restates the current provisions in 
section 236(e) and 242(a)(2) regarding the detention of an 
alien convicted of an aggravated felony, and adds an additional 
provision enabling the release of such an alien if the Attorney 
General decides in accordance with 18 U.S.C. 3521 that release 
is necessary to provide protection to a witness, potential 
witness, a person cooperating with an investigation into major 
criminal activity, or a family member or close associate of 
such a witness or cooperator.
    New section 236(d) restates the current provisions in 
section 242(a)(3) regarding the identification of aliens 
convicted of aggravated felonies and amends those provisions to 
require that information be provided to the Department of State 
for inclusion in its automated visa lookout system.

Sec. 304--Removal proceedings; cancellation of removal and adjustment 
        of status; Voluntary departure (revised and new sec. 239 to 
        240C)

    Subsection (a) of this section redesignates current section 
239 (designation of ports of entry for aliens arriving by civil 
aircraft) as section 234, redesignates section 240 (records of 
admission) as section 240C, and inserts new sections 239, 240, 
240A, and 240B. Subsection (b) of this section repeals section 
212(c) of the INA.
    Section 239.--New section 239 (``Initiation of removal 
proceedings'') restates the provisions of current subsections 
(a) and (b) of section 242B regarding the provision of notice 
(``Notice to Appear'') to aliens placed in removal proceedings. 
These provisions are conformed to the establishment of a single 
removal hearing to replace the proceedings under current 
section 236 (exclusion) and 242 (deportation). The requirement 
that the Notice to Appear (formerly ``Order to Show Cause'') be 
provided in Spanish as well as English is not retained. The 
mandatory period between notice and date of hearing is reduced 
to 10 days. Service is sufficient if there is proof of mailing 
to the last address provided by the alien.
    Section 240.--New section 240 (``Removal Proceedings'') 
restates provisions in current section 236 (exclusion 
proceedings) and 242 and 242B (deportation proceedings).
    Section 240(a) provides that there shall be a single 
proceeding for deciding whether an alien is inadmissible under 
section 212(a) or deportable under section 237 (formerly 
section 241(a)). This subsection shall not affect proceedings 
under new section 235(c) (aliens inadmissible on national 
security grounds), new section 238 (currently section 242A) 
(aliens convicted of aggravated felonies), or new section 
235(b)(1) (arriving aliens inadmissible for fraud or lack of 
documents).
    Section 240(b) provides that the removal proceeding under 
this section shall be conducted by an immigration judge in 
largely the same manner as currently provided in sections 242 
and 242B. Under paragraph (b)(2), the proceeding may take place 
in person, through video conference, or, with the consent of 
the alien in hearings on the merits, through telephone 
conference. Under paragraph (b)(5), an alien who fails to 
appear for a hearing may be ordered removed if the Service 
establishes by clear, unequivocal, and convincing evidence that 
notice under section 239 was provided and the alien is 
inadmissible or deportable. There is no requirement to provide 
written notice if the alien has failed to provide the address 
required under section 239(a)(1)(F). An in absentia order can 
only be rescinded through a motion to reopen filed within 180 
days if the alien demonstrates that the failure to appear was 
due to exceptional circumstances (as defined in section 
240(e)), or a motion to reopen filed at any other time if the 
alien demonstrates that the alien either did not receive notice 
of the hearing or was in Federal or State custody and could not 
appear. An alien who fails to appear shall be ineligible for 
any relief under new sections 240A (voluntary departure) and 
240B (cancellation of removal), and sections 245, 248, and 249.
    Section 240(c) provides that the immigration judge shall 
make a decision on removability based only upon the evidence at 
the hearing. An alien applicant for admission shall have the 
burden to establish that he or she is beyond doubt entitled to 
be admitted. An alien who is not an applicant for admission 
shall have the burden to establish by clear and convincing 
evidence that he or she is lawfully present in the U.S. 
pursuant to a prior lawful admission. In the case of an alien 
who has been admitted to the U.S., the Service has the burden 
to establish by clear and convincing evidence that the alien is 
deportable.
    An alien is limited to one motion to reconsider the 
decision of the immigration judge. Such motion shall be filed 
within 30 days of the final administrative order of removal and 
shall specify the errors of law or fact in the order. An alien 
is limited to one motion to reopen proceedings. Such motion 
shall be filed within 90 days of the final administrative order 
of removal and shall state the new facts to be proven at a 
hearing if the motion is granted. The deadline for a motion to 
reopen may be extended in the case of an application for asylum 
or withholding of removal that is based on new evidence of 
changed country conditions that was not available at the time 
of the initial hearing. The deadline also may be extended in 
the case of an in absentia order of removal if filed within 180 
days and establishing that the alien's failure to appear was 
because of exceptional circumstances beyond the control of the 
alien (as defined in section 240(e)) or because the alien did 
not receive the notice required under section 239(a).
    Section 240(d) provides that the Attorney General shall 
provide by regulation for the entry by an immigration judge of 
an order of removal stipulated to by the alien and the INS. 
Such an order shall be a conclusive determination of the 
alien's removability from the U.S.
    Section 240(e) defines as ``exceptional circumstances'' the 
serious illness of the alien or the serious illness or death of 
the spouse, parent, or child of the alien, but not including 
less compelling circumstances. The subsection defines 
``removable'' to mean that an alien who has not been admitted 
is inadmissible under section 212 and that an alien who has 
been admitted is deportable under section 237.
    Section 240A.--New section 240A (``Cancellation of removal; 
adjustment of status'') establishes revised rules for the type 
of relief that is currently available to excludable and 
deportable aliens under section 212(c) and 244(a)-(d).
    Section 240A(a) provides that the Attorney General may 
cancel removal in the case of an alien lawfully admitted for 
permanent residence for not less than 5 years if the alien has 
resided in the United States continuously for 7 years since 
being lawfully admitted in any status and has not been 
convicted of an aggravated felony or felonies the aggregate 
sentence for which is at least 5 years. This provision is 
intended to replace and modify the form of relief now granted 
under section 212(c) of the INA.
    Section 240A(b)(1) provides that the Attorney General may 
cancel removal in the case of an alien who has been physically 
present in the United States for a continuous period of at 
least 7 years immediately preceding the date of applying for 
such relief, has been a person of good moral character, has not 
been convicted of an aggravated felony, and establishes that 
removal would result in extreme hardship to the alien or to the 
alien's spouse, parent, or child who is a citizen of the United 
States or an alien lawfully admitted for permanent residence. 
This provision is intended to replace and modify the relief of 
suspension of deportation now granted under section 244(a).
    Section 240A(b)(2) restates the provisions in current 
section 244(a)(3), enacted in section 40703(a)(3) of the 
Violent Crime Control and Law Enforcement Act of 1994. It 
provides that the Attorney General may cancel removal if the 
inadmissible or deportable alien has been subjected to extreme 
cruelty in the United States by a spouse or parent who is a 
United States citizen or lawful permanent resident, has been 
physically present in the United States for a continuous period 
of at least 3 years, has been a person of good moral character 
during such period, is not deportable or inadmissible on 
grounds related to criminal activity, national security, or 
marriage fraud, and establishes that removal would result in 
severe hardship.
    Section 240A(b)(3) states that the Attorney General may 
adjust to the status of an alien lawfully admitted for 
permanent residence an alien who meets the requirements for 
cancellation of removal. The number of such adjustments shall 
not exceed 4,000 in any fiscal year.
    Subsection 240A(c) provides that the following categories 
of aliens shall not be eligible for cancellation of removal 
under subsections (a) and (b)(1): an alien who entered as a 
crewman after June 30, 1964; an alien who was admitted as a 
nonimmigrant exchange alien under 101(a)(15)(J); an alien who 
was admitted as a nonimmigrant exchange alien under section 
101(a)(15)(J), is subject to the two-year foreign residence 
requirement of section 212(e), and has not fulfilled that 
requirement or received a waiver; or an alien who is 
inadmissible under section 212(a)(3) or deportable under 
section 237(a)(4)(D) (national security and related grounds).
    Subsection 240A(d) provides that the period of continuous 
residence or physical presence ends when an alien is served a 
notice to appear under section 239(a) (for the commencement of 
removal proceedings under section 240). A period of continuous 
physical presence is broken if the alien has departed from the 
United States for any periods in the aggregate exceeding 180 
days, unless for emergent reasons the return could not be 
accomplished in that time. The continuous physical presence 
requirement does not apply to an alien who has served 24 months 
in active-duty status in the United States armed forces, was in 
the United States at the time of enlistment or induction, and 
was honorably discharged.
    Section 240B.--New section 240B (``Voluntary departure'') 
establishes new conditions for the granting of voluntary 
departure, currently governed by section 242(b) and 244(e) of 
the INA.
    Section 240B(a) provides that the Attorney General may 
permit an alien voluntarily to depart the United States at the 
alien's expense in lieu of being subject to removal proceedings 
under section 240 or prior to the completion of such 
proceedings, if the alien is not deportable because of 
conviction for an aggravated felony or on national security and 
related grounds. Permission to depart voluntarily under this 
subsection shall not be valid for a period exceeding 120 days 
and an alien may be required to post a voluntary departure 
bond, to be surrendered upon proof that the alien has departed 
the U.S. within the time specified. No alien arriving in the 
United States for whom removal proceedings under section 240 
are instituted at the time of arrival is eligible for voluntary 
departure under this section. Such an alien may withdraw his or 
her application for admission to the United States in 
accordance with section 235(a)(4).
    Section 240B(b) provides that the Attorney General may 
permit an alien voluntarily to depart the United States at the 
conclusion of proceedings under section 240 if the alien has 
been physically present for at least one year in the United 
States, the alien has been a person of good moral character for 
the preceding 5 years, the alien is not deportable because of 
conviction for an aggravated felony or on national security and 
related grounds, and the alien has established by clear and 
convincing evidence that the alien has the means to depart the 
United States and intends to do so. The period for voluntary 
departure cannot exceed 60 days and a voluntary departure bond 
is required.
    Section 240B(c) provides that an alien is not eligible for 
voluntary departure if the alien was previously granted 
voluntary departure after having been found inadmissible under 
section 212(a)(9) (present without admission).
    Section 240B(d) provides that if an alien is permitted to 
depart voluntarily and fails to do so, the alien shall be 
subject to a civil penalty of not less than $1,000 nor more 
than $5,000 and shall not be eligible for any further relief 
under this section or sections 240A, 245, 248, or 249 for a 
period of 10 years.
    Section 240B(e) provides that the Attorney General may by 
regulation limit eligibility for voluntary departure for any 
class or classes of aliens.
    Section 240B(f) provides that an alien may appeal from a 
denial of an order of voluntary departure but shall be 
removable from the U.S. 60 days after the entry of the order of 
removal and may prosecute the appeal from abroad.

Sec. 305--Detention and removal of aliens ordered removed (new section 
        241)

    Subsection (a) of this section strikes section 237, 
redesignates section 241 as section 237, and inserts a new 
section 241.
    Section 241--New section 241 (``Detention and removal of 
aliens ordered removed'') restates and revises provisions in 
current sections 237, 242, and 243 regarding the detention and 
removal of aliens.
    Section 241(a) provides that the Attorney General shall 
remove an alien within 90 days of the alien being ordered 
removed. This removal period shall begin when the alien's order 
is administratively final, when the alien is released from non-
immigration related detention or confinement, or, if the alien 
has appealed his order to a court and removal has been stayed, 
the date of the court's final order. The removal period is 
extended beyond 90 days if the alien wilfully refuses to apply 
for travel documents or takes other steps (other than appeals) 
to prevent removal.
    The alien shall be detained during the removal period. If 
space is not available, the Attorney General may release the 
alien on bond and under any conditions that the Attorney 
General may prescribe. If the alien is not removed within 90 
days, the alien shall be subject to supervision under 
conditions similar to those currently in section 242(d). An 
inadmissible alien who has been ordered removed may be detained 
beyond the 90-day period. The Attorney General may not remove 
an alien who is sentenced to imprisonment until the alien is 
released, but parole, supervised release, probation, or the 
possibility of arrest are not grounds to defer removal.
    If an alien reenters the United States illegally after 
having been removed or departed voluntarily under an order of 
removal, the prior order of removal is reinstated and the alien 
shall be removed under the prior order, which shall not be 
subject to review.
    An alien who is subject to an order of removal may not be 
granted authorization to work in the United States unless there 
is no country willing to accept the alien, or the alien cannot 
be removed for reasons deemed strictly in the public interest.
    Section 241(b) establishes the countries to which an alien 
may be removed. Subsection (b)(1) restates the provisions in 
current section 237(a); subsection (b)(2) restates the 
provisions in current sections 243 (a) and (b).
    Section 241(c) provides that an alien arriving in the 
United States who is ordered removed shall be removed 
immediately by the vessel or aircraft that brought the alien, 
unless it is impracticable to do so or the alien is a stowaway 
who has been ordered removed by operation of section 235(b)(1) 
but has a pending application for asylum. This subsection also 
restates and revises the provisions in section 237(d) regarding 
stay of removal, and the provisions in section 237(a) regarding 
cost of detention and maintenance pending removal. These 
provisions make it clear that actual physical detention of an 
alien who has been permitted to land in the United States shall 
be the sole responsibility of the Attorney General and shall 
take place in INS facilities or contract facilities, even in 
cases where the liability for cost of detention is assigned to 
a private entity such as a carrier. The Committee further 
believes the rate of reimbursement charged to the carrier to 
other entity made responsible for the cost of detention of an 
alien shall be at the same per diem rate charged to the 
government for the cost of detention.
    In the case of an alien stowaway, the carrier shall be 
liable for the cost of detention incurred by the Attorney 
General. If the stowaway does not claim asylum, the only issue 
is to arrange for the stowaway's departure from the United 
States. This could occur directly on the vessel of arrival, 
particularly in the case of aircraft. However, the Committee 
understands that, due to commercial requirements, safety 
concerns, and other factors, it is often not practicable for 
the stowaway to be removed on the vessel of arrival, 
particularly in the case of commercial maritime vessels. For 
this reason, section 241(d)(2)(B) provides that an alien 
stowaway may be allowed to land in the United States for 
detention by the Attorney General or departure or removal of 
the stowaway. In such a case, the carrier shall be responsible, 
under section 241(c)(3)(A)(ii)(II), for the cost of detention 
by the Attorney General for the time reasonably necessary to 
arrange for repatriation or removal of the alien, including 
obtaining necessary travel documents. The carrier's liability 
shall not extend beyond the date on which it is ascertained 
that such travel documents cannot be obtained. The Committee 
expects that the carrier and the INS will work cooperatively in 
order to obtain such travel documents in an expeditious manner, 
but understands that there are circumstances in which foreign 
governments do not cooperate in issuing such documents. Since 
circumstances in such cases vary, the Committee has not 
designated a time period beyond which the financial 
responsibility for continued detention shifts from the carrier 
to the INS. The Committee expects that the INS, through 
regulations or internal policy guidance, will set a reasonable 
timeline and other criteria that will be applied uniformly in 
all INS districts. Such guidelines should include an obligation 
on the part of the carrier to continue efforts to obtain travel 
documents and make other arrangements for the departure of the 
stowaway from the U.S.
    In the case of a stowaway who has claimed asylum and is 
being detained to pursue an application for asylum, the carrier 
shall be liable, under section 241(c)(3)(A)(ii)(III), for a 
period not to exceed 15 business days, excluding Saturdays, 
Sundays, and holidays. The 15-day period shall begin when the 
alien is determined, under section 235(b)(1), to have a 
credible fear of persecution and thus be eligible to apply for 
asylum, but not later than 72 hours after the actual arrival of 
the stowaway in the U.S. The 72-hour period is intended to 
provide adequate time for the Attorney General to determine if 
the stowaway has a credible fear of persecution and thus may be 
detained by the INS to pursue an asylum application. Under no 
circumstances shall the carrier be required to reimburse the 
INS for a period of detention greater than 15 business days, 
plus the portion of the initial 72-hour period required to 
determine if the stowaway is eligible to apply for asylum. The 
Committee believes that the obligation of the carrier to pay 
for detention costs shall not be extended to require the 
carrier to pay for the cost of translators, legal counsel, or 
other assistance in preparing and presenting the stowaway's 
claim for asylum. The Committee expects that the INS will 
adopt, through regulations consistent with the provisions of 
this legislation, clear policy guidance regarding the conduct 
of interviews to determine if a stowaway has a credible fear of 
persecution.
    Section 241(d) restates the provisions in current section 
237(b) requiring the owner of the vessel or aircraft bringing 
an alien to the United States to comply with orders of an 
immigration officer regarding the detention or removal of the 
alien. This subsection also restates the provisions in section 
243(e) that any carrier (not limited to the carrier who has 
brought an alien) comply with an order of the Attorney General 
to remove to a specific destination an alien who has been 
ordered removed.
    Section 241(d) also revises and restates the requirements 
in section 273(d) regarding permission for a stowaway to land 
in the U.S. A carrier who has brought a stowaway shall, pending 
completion of the inspection of the stowaway, detain the 
stowaway on board the vessel or at another place designated by 
the INS. The carrier may not permit the stowaway to land except 
temporarily for medical treatment, for detention of the 
stowaway by the Attorney General, or for departure and removal 
of the stowaway. However, a carrier shall not be required to 
detain a stowaway who has been permitted to remain in the U.S. 
to pursue an application for asylum, who shall be detained by 
the Attorney General subject to the reimbursement requirements 
set forth in section 241(c). Furthermore, the Attorney General 
shall grant a timely request by a carrier to remove the 
stowaway on a vessel other than that on which the alien has 
arrived in the U.S., provided that the carrier pays the cost of 
removal and obtains all necessary travel documents. In this 
way, the stowaway can be rapidly repatriated to the country of 
origin, instead of being forced to remain on the vessel while 
it makes other ports of call.
    Section 241(e) restates the provisions in current sections 
237(c) and 243(c) regarding the payment of expenses for removal 
of aliens who have been ordered removed.
    Section 241(f) restates the provisions in section 243(f) 
regarding the employment of persons to assist in the removal of 
aliens requiring personal care during removal.
    Section 241(g) amends and restates the authority in current 
section 242(c) for construction and operation of detention 
facilities. The amendment states that before the construction 
of new facilities, the Commissioner of the INS shall consider 
the availability for purchase or lease of existing facilities.
    Section 241(h) provides that nothing in section 241 shall 
be construed to create any substantive or procedural right or 
benefit that is legally enforceable against the United States, 
its agencies or officers, or any other person. This provision 
is intended, among other things, to prohibit the litigation of 
claims by aliens who have been ordered removed from the U.S. 
that they be removed at a particular time or to a particular 
place.
    Subsection (b) of section 305 amends redesignated section 
241(h) (reimbursement to States for incarceration of 
undocumented criminal alien felons--currently section 242(j)). 
The amendment provides that ``incarceration'' shall include 
imprisonment in a State or local facility that is counted 
towards completion of a sentence and also the imprisonment of a 
previously convicted felon or misdemeanant who has been 
rearrested on new charges. The amendment also will permit 
reimbursement in the case of an alien convicted of two or more 
misdemeanors.

Sec. 306--Appeals from orders of removal (new section 242)

    This section amends section 242 to revise and restate the 
provisions in current section 106, which is repealed.
    Section 242(a) provides that a final order of removal, 
other than an order or removal under section 235(b)(1), is 
governed by chapter 158 of title 28. This is consistent with 
current section 106(a). This subsection also provides that no 
court shall have jurisdiction to review a decision by the 
Attorney General to invoke section 235(b)(1), the application 
of such section to individual aliens (including the 
determination under section 235(b)(1)(B) regarding credible 
fear of persecution), or procedures and policies to implement 
section 235(b)(1). Individual determinations under section 
235(b)(1) may only be reviewed under new subsection 242(f).
    Section 242(b)(1) provides that a petition for review must 
be filed within 30 days after the final order of removal in the 
federal court of appeals for the circuit in which the 
immigration judge completed proceedings. Subsection (b)(3)(B) 
provides that the filing of a petition stays the removal of the 
alien unless the alien has been convicted of an aggravated 
felony or has been ordered removed because alien is 
inadmissible under section 212, in which case removal is stayed 
only if specifically ordered by the court.
    The remaining paragraphs of subsection (b) revise and 
restate the provisions in subsections (3) through (8) of 
current section 106 regarding form, service, decision, 
treatment of a petitioner's claim that he or she is a national 
of the United States, consolidation of motions to reopen and 
reconsider, challenge of validity of orders of removal, and 
detention and removal of alien petitioners.
    Section 242(c) restates the provisions in the second 
sentence of subsection (c) of current section 106 that a 
petition for review must state whether a court has upheld the 
validity of an order of removal, and if so, identifying the 
court and date and type of proceeding.
    Section 242(d) restates the provisions in the first and 
third sentences of subsection (c) of current section 106 
requiring that a petitioner have exhausted administrative 
remedies and precluding a court from reviewing an order of 
removal that has been reviewed by another court absent a 
showing that the prior review was inadequate to address the 
issues presented in the petition, or that the petition presents 
new grounds that could not have been presented in the prior 
proceeding.
    Section 242(e) provides that a petition for review from an 
order of removal under section 238 (expedited procedures for 
non-resident aliens convicted of an aggravated felony) may 
address only whether the alien has been correctly identified, 
has been convicted of an aggravated felony, and has been given 
the procedures described in section 238(b)(4).
    Section 242(f) provides rules for judicial review of orders 
of removal under section 235(b)(1). No court shall have 
jurisdiction or authority to enter declaratory, injunctive, or 
other equitable relief against the operation of section 
235(b)(1) (other than that specifically authorized in this 
subsection), or to certify a class under Rule 23 of the Federal 
Rules of Civil Procedure. Judicial review is only available in 
habeas corpus and is limited to whether the petitioner is an 
alien, whether the petitioner was ordered removed under section 
235(b)(1), and whether the petitioner can prove by a 
preponderance of the evidence that he or she is an alien 
lawfully admitted for permanent residence. If the court 
determines that the petitioner was not ordered excluded or is 
an alien lawfully admitted for permanent residence, the court 
may order no relief other than to require that the alien be 
provided a hearing under section 240. The habeas corpus 
proceeding shall not address whether the alien actually is 
admissible or entitled to any relief from removal.
    Section 242(g) provides that no court other than the 
Supreme Court shall have jurisdiction or authority to enjoin or 
restrain the operation of the provisions in chapter 4 of Title 
II of the INA, as amended by this legislation, other than with 
respect to the application of the provisions to an individual 
alien against whom removal proceedings have been initiated.

Sec. 307. Penalties relating to removal (revised section 243)

    Subsection (a) restates the provisions in current section 
242(e) regarding penalties for failure to depart within 90 days 
of the order of removal.
    Subsection (b) restates the provisions in the third and 
final sentence of current section 242(d) regarding penalties 
for failure to comply with the terms of release under 
supervision pursuant to section 241(a)(3) (currently the first 
two sentences of section 242(d)).
    Subsection (c) restates the provisions in the second and 
third sentences of current section 237(d) and the final clause 
of current section 243(e) regarding penalties for failure to 
comply with an order to remove an alien from the U.S., 
including civil money penalties and limitations on the 
clearance of vessels.
    Subsection (d) revises and restates the provisions in 
current section 243(g) regarding sanctions against a country 
that refuses to accept an alien who is a citizen, subject, 
national, or resident of that country. Under the amendment, the 
Secretary of State shall order that the issuance of both 
immigrant and nonimmigrant visas to citizens, nationals, 
subjects, or nationals of that country be suspended until the 
country has accepted the alien.

Sec. 308. Redesignation and reorganization of other provisions; 
        additional conforming amendments

    This section makes a series of redesignations and 
conforming amendments in addition to those made in other 
sections.
    Current section 232 is redesignated as section 232(a).
    Current section 234 is redesignated as section 232(b).
    Current section 238 is redesignated as section 233.
    Current section 240 is redesignated as section 234A.
    Current section 242A is redesignated as section 238, with 
conforming amendments.
    Current section 242B is stricken.
    Current section 244A is redesignated as section 244.
    The provisions in current section 237(e) regarding the 
removal of an arriving alien who is helpless from sickness or 
mental or physical disorder are restated as a new section 
232(c). Section 212(a)(10)(B), the redesignated ground of 
inadmissibility for an alien who is ordered to accompany such a 
helpless alien during removal, also is amended to conform to 
the amendments in new section 232(c).
    Section 273(a) is amended by adding a new paragraph (2) to 
restate the provisions in current section 237(b)(5) prohibiting 
a carrier from taking any consideration contingent on whether 
an alien is admitted to or order removed from the U.S.
    Section 273(d) is repealed.

Sec. 309--Effective dates; transition

    Subsection (a) provides that the changes made in this 
subtitle shall take effect on the first day of the first month 
beginning more than 180 days after the date of enactment.
    Subsection (b) provides that the Attorney General shall 
promulgate regulations to carry out this subtitle at least 1 
month before the effective date in subsection (a).
    Subsection (c) provides for the transition to new 
procedures in the case of an alien already in exclusion or 
deportation proceedings on the effective date. In general, the 
amendments made by this subtitle shall not apply and the 
proceedings (including judicial review) shall continue to be 
conducted without regard to such amendments.
    The Attorney General may elect to apply the new procedures 
in a case in which an evidentiary hearing under current section 
236 (exclusion) or sections 242 and 242B (deportation) has not 
been commenced as of the effective date. The Attorney General 
shall provide notice of such election to the alien, but the 
prior notice of hearing and order to show cause served upon the 
alien shall be effective to retain jurisdiction over the alien.
    The Attorney General also may elect, in a case in which 
there has been no final administrative decision, to terminate 
proceedings without prejudice to the Attorney General's ability 
to initiate new proceedings under the amendments made by this 
subtitle. Determinations in the terminated proceeding shall not 
be binding in the new proceeding.
    This subsection also provides that in the case where a 
final order of exclusion or deportation is entered on or after 
the date of enactment and for which a petition for review or 
for habeas corpus under section 106 has not been filed as of 
such date, new rules shall apply to subsequent petitions for 
judicial review. All judicial review, both of exclusion and 
deportation decisions, shall be by petition for review to the 
court of appeals for the judicial circuit in which the 
administrative proceedings before the special inquiry officer 
(immigration judge) were completed. The petition for review 
also must be filed not later than 30 days after the final order 
of exclusion or deportation.
    The rules under new section 240A(d)(1) and (2) regarding 
continuous physical presence in the United States as a 
criterion for eligibility for cancellation of removal shall 
apply to any notice to appear (including an Order to Show Cause 
under current section 242A) issued after the date of enactment 
of this Act.

                Subtitle B--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 321--Removal procedures for alien terrorists

    This section amends the INA by adding a new title V, 
entitled special removal procedures for alien terrorists.
    Section 501 provides definitions to apply to title V. An 
``alien terrorist'' is an alien deportable under current 
section 241(a)(4)(B).
    Section 502 (``Establishment of special removal court; 
panel of attorneys to assist with classified information'')
    Sections 502(a) through (c) require the Chief Justice of 
the Supreme Court to publicly designate 5 district court judges 
from 5 of the U.S. judicial circuits who shall constitute a 
special court with jurisdiction to conduct special removal 
proceedings. The terms of the judges first appointed shall be 
so staggered that the term of one judge expires each year. The 
Chief Justice shall designate a chief judge, who shall serve a 
full five-year term.
    Section 502(d) provides that the proceedings shall be 
conducted in conformance with section 103(c) of the Foreign 
Intelligence Surveillance Act of 1978.
    Section 502(e) provides that the special court shall 
designate a panel of attorneys each of whom has a security 
clearance permitting access to classified information and has 
agreed to represent aliens lawfully admitted for permanent 
residence with respect to certain classified information used 
in special removal proceedings under the provisions of section 
506(c).
     Section 503 (``Application for initiation of special 
removal proceeding'') provides that when the Attorney General 
has classified information that an alien is an alien terrorist, 
the Attorney General may seek removal through the filing under 
seal, ex parte and in camera, of a written application with the 
special court. The application, made under oath or affirmation, 
shall identify the attorney making the application; indicate 
the approval of the Attorney General or Deputy Attorney General 
to the filing of the application based on a finding that the 
alien is removable under this title; identify the alien for 
whom special removal proceedings are sought; and a statement of 
facts to establish that the alien is an alien terrorist, is 
physically present in the U.S., and that the use of removal 
procedures under title II would pose a risk to the national 
security of the U.S. The Attorney General may dismiss a removal 
action under this title at any time.
     Section 504 (``Consideration of application'') provides 
that a single judge on the removal court shall consider, ex 
parte and in camera, the application and other information, 
including classified information, presented under oath or 
affirmation. A verbatim record shall be kept of any hearing on 
the application. The judge shall enter ex parte an order 
approving the application if there is probable cause to believe 
that the alien has been correctly identified and is a 
terrorist, and that adherence to the provisions of title II 
regarding the removal of aliens would pose a risk to national 
security. The judge, in the case of denial, shall prepare a 
written statement of the reasons therefor.
     If an order is issued under this section, the alien's 
rights regarding removal and expulsion shall be governed 
exclusively by this title. No other provisions of the Act shall 
apply, unless otherwise specified in this title.
     Section 505 (``Special removal hearings'') provides that 
an alien shall be given reasonable of the nature of the charges 
and of the time and place of the hearing, and a general account 
of the basis for the charges. The hearing shall be held 
expeditiously and by the same judge who granted the application 
for the special removal proceeding under section 504. The 
hearing shall be open to the public and the alien shall have 
the right to be represented by counsel. An alien unable to 
afford counsel shall have counsel assigned, in accordance with 
section 3006A of title 18. The alien may introduce evidence 
and, subject to section 506, may examine the evidence and 
cross-examine any witnesses. A verbatim record shall be kept 
and the decision shall be based only on the evidence at the 
hearing.
     An alien subject to proceedings under this section shall 
not be eligible for relief under section 208 (asylum), 243(h) 
(withholding of deportation), 244(a) (suspension of 
deportation), 244(e) (voluntary departure), 245 (adjustment of 
status), and 249 (registry).
     The Department of Justice or the alien may request the 
judge to compel by subpoena the attendance of witnesses and the 
production of books, papers, documents, or other objects. Such 
requests may be made ex parte, but the judge may reveal an 
alien's request to the Department of Justice if the witness or 
material requested by the alien would reveal evidence or the 
source of evidence which the Department of Justice has received 
permission to introduce in camera and ex parte under section 
505(e) or section 506.
     Section 505(e) provides that classified information shall 
be introduced in camera and ex parte and that neither the alien 
nor the public shall be informed of such evidence or its 
sources other than by reference to a summary of the evidence 
prepared in accordance with section 506(b). Electronic 
surveillance information obtained through the Foreign 
Intelligence Surveillance Act of 1978 shall not be disclosed to 
the alien. The United States shall retain the right to seek 
protective orders and assert privileges ordinarily available to 
the U.S. to protect against the disclosure of classified 
information, including the military and state secrets 
privileges. The Federal Rules of Evidence shall not apply to 
hearings under this title.
     At the end of the evidence, argument shall proceed with 
the Department of Justice opening and having final reply. 
Argument concerning evidence presented in camera and ex parte 
shall be heard under like circumstances. The Department has the 
burden to prove by clear and convincing evidence that the alien 
is an alien terrorist and thus subject to removal. If this 
burden is met, the judge shall order the alien detained pending 
removal and taken into custody if the alien had been released 
pending the hearing. The judge shall prepare a written order of 
findings of fact and conclusions of law, but shall not disclose 
to the public or the alien the source or substance of 
information received in camera and ex parte.
     Section 506 (``Consideration of classified information'') 
provides that the judge shall consider each item of classified 
information in camera and ex parte. The Department shall 
prepare a written summary of such classified information which 
summary does not pose a risk to the national security. The 
judge shall approve the summary if the judge finds that the 
summary is sufficient to inform the alien of the nature of the 
evidence and to permit the alien to prepare a defense; if the 
judge finds the summary insufficient, the Department shall have 
a reasonable opportunity to correct it.
     If the summary remains insufficient, the judge shall 
terminate the proceedings unless the judge finds that the 
continued presence of the alien or the provision of the summary 
would cause serious and irreparable harm to the national 
security or death or serious bodily injury to any person. If 
the judge makes these findings, the special removal proceeding 
shall continue, the alien shall be informed that no summary is 
possible, and the classified information submitted in camera 
and ex parte may be used pursuant to section 505(e).
     Section 506(c) provides special procedures for cases 
involving an alien lawfully admitted for permanent residence in 
which the judge determines that no summary of classified 
evidence may be provided to the alien. In such cases, the judge 
shall appoint a special attorney (see section 502(e)) to whom 
the classified information may be disclosed for purposes of 
representing the alien in an in camera proceeding on the 
evidence. The special attorney may not disclose the classified 
information to the alien or to any other attorney representing 
the alien, and is subject to a prison term of not less than 10 
nor more than 25 years in prison for violating these 
restrictions.
     Section 507 (``Appeals'') provides that the Department may 
seek review of a denial of an order to initiate a special 
removal hearing by filing an appeal within 20 days of the 
denial with the U.S. Court of Appeals for the D.C. Circuit. 
Either party may take an interlocutory appeal to the D.C. 
Circuit concerning evidentiary issues, including issues 
concerning the preparation and submission of a summary of 
classified information.
     The decision of the judge after the special removal 
hearing may be appealed by either the alien or the Department 
to the D.C. Circuit. In the case of an alien lawfully admitted 
for permanent residence who is denied a written summary of 
classified information under section 506(b)(4) and to whom the 
procedures under section 506(c) have been applied, there shall 
be an automatic appeal, unless waived by the alien. To the 
extent such an appeal concerns classified information, the 
special attorney appointed for the alien shall represent the 
alien.
     Appeals shall be filed within 20 days. The Court of 
Appeals shall hear the appeal as expeditiously as possible, and 
shall issue a decision within 60 days of the judge's final 
order. After the Court of Appeals decision, a petition for 
certiorari may be filed by either party to the Supreme Court. 
An appeal of an order of detention also shall be taken to the 
D.C. Circuit and shall be adjudicated in accordance with the 
provisions of sections 3145 through 3148 of title 18 regarding 
the review and appeal of a release or detention order, 
penalties for failure to appear or for committing a crime, and 
sanctions for violation of a release condition.
     Section 508 (``Detention and custody'') provides that the 
Attorney General may take into custody any alien against whom 
an application under section 503 has been filed to initiate 
special removal proceedings under this title. An alien lawfully 
admitted for permanent residence is entitled to a release 
hearing and may be released if the alien demonstrates that he 
is not likely to flee and that the release will not endanger 
national security or the safety of any person. An alien in 
detention under this title shall be entitled to reasonable 
opportunity to communicate with members of the alien's family 
or the alien's attorney, and to have contact with diplomatic 
officers of the alien's country of nationality.
     If the special removal judge denies the order sought for 
in an application under section 503, the alien shall be 
released from custody. If the Department seeks review of the 
denial, the judge shall impose the least restrictive conditions 
that will reasonable assure the appearance of the alien and 
that the release will not endanger the safety of any person or 
the community. If no such conditions exist, the alien shall 
continue to be detained.
     If after the hearing the judge decides that the alien 
should not be removed, the alien shall be released, unless the 
Attorney General takes an appeal, in which case the alien shall 
be detained subject to the conditions in section 3142 of title 
18. If after the hearing the judge decides that the alien is to 
be removed, the alien shall be detained pending judicial 
review.
     An alien ordered removed shall be removed to any country 
the alien shall designate. If the alien refuses to designate a 
country, or if removal to the designated country would impair 
an international obligation or adversely affect U.S. foreign 
policy, the removal shall be to any country willing to receive 
the alien. If no country is willing to receive the alien, the 
alien shall be detained. The Attorney General shall report to 
the alien's attorney every 6 months regarding efforts to find a 
country willing to accept the alien. An alien in this situation 
may be released by the Attorney General under such conditions 
as the Attorney General may prescribe. The removal of an alien 
ordered removed under this title may be delayed pending a 
criminal trial against the alien and the service of any 
sentence.
     This section also amends section 276(b) to provide that an 
alien terrorist removed under the provisions of this title or 
under subsection 235(c) who enters or attempts to enter the 
U.S. without the permission of the Attorney General shall be 
fined and imprisoned for 10 years.

Sec. 322--Funding for detention and removal of alien terrorists

     This section authorizes to be appropriated, in addition to 
amounts already appropriated, $5,000,000 for the purpose of 
detaining and deporting alien terrorists.

      Part 2--Exclusion and Denial of Asylum for Alien Terrorists

Sec. 331--Membership in a terrorist organization as ground of 
        inadmissibility

     This section amends section 212(a)(3)(B) of the INA to 
provide that an alien who is a representative or member of an 
organization that engages in or actively supports or advocates 
terrorist activity is excludable from the U.S.
     This section also amends section 212(a)(3)(B) by adding a 
new clause (iv), defining ``terrorist organization'' to mean a 
foreign organization designated in the Federal Register by the 
Secretary of State, in consultation with the Attorney General, 
based on a finding that the organization engages in or has 
engaged in terrorist activity that threatens the national 
security. Congress shall be notified at least 3 days prior to 
the published designation and has the authority to remove, by 
law, any such designation. The designation shall be effective 
for 2 years and may be renewed not earlier than 60 days prior 
to its expiration. The Secretary of State, in consultation with 
the Attorney General, may remove a designation at any time. The 
designation is subject to judicial review.
     This section also adds a new clause (v) to section 
212(a)(3)(B), defining ``representative'' to include an 
officer, official, or spokesman of the organization and any 
person who directs, counsels, commands, or induces the 
organization to engage in terrorist activity. The determination 
of the Secretary of State or Attorney General that an alien is 
a representative of a terrorist organization is subject to 
judicial review.

Sec. 332--Denial of relief for alien terrorists

    This section amends sections 243(h)(2) (withholding of 
deportation), 244(a) (suspension of deportation), 244(e)(2) 
(voluntary departure), 245(c) (adjustment of status), and 
249(d) (registry) to provide that an alien who is deportable 
under section 241(a)(4)(B) is not eligible for these forms of 
relief.

 Subtitle C--Deterring Transportation of Unlawful Aliens to the United 
                                 States

Sec. 341--Definition of stowaway

    This section amends section 101 of the INA to add a new 
paragraph (47), defining ``stowaway'' to mean any alien who 
obtains transportation without consent including through 
concealment. A passenger who boards with a valid ticket is not 
to be considered a stowaway.
    Comment:--``Stowaway'' is a term that has not previously 
been defined in the INA. Some passengers who board with valid 
tickets but destroy those tickets and other travel documents en 
route have been categorized as stowaways in the past. Current 
administrative practice limits the ``stowaway'' designation to 
passengers who have obtained passage without the consent of the 
carrier. Ordinarily, this will involve concealment on board the 
vessel, although it may on rare occasions result from failure 
to observe secure boarding procedures and allowing an illicit 
passenger who is plainly visible to obtain transport. This 
amendment is intended to codify the current administrative 
practice.
    The definition clarifies that the term ``stowaway'' does 
not apply to a passenger boarding with a ticket. The Committee 
is aware of the trend in the airline industry toward so-called 
``ticketless'' travel and does intend that the term ``ticket'' 
apply to any boarding pass or other authorization to travel 
validly obtained through such a ``ticketless'' system.

Sec. 342--List of alien and citizen passengers arriving

    This section amends section 231(a) to provide that carriers 
shall provide electronic manifests of persons arriving in the 
U.S., and that such lists include for each person transported 
the person's name, date of birth, gender, citizenship, and 
travel document number (if applicable). This provision shall be 
effective not later than 60 days after enactment.

                   Subtitle D--Additional Provisions.

Sec. 351--Definition of conviction

    This section amends section 101(a) of the INA to add a new 
paragraph (47), defining conviction to mean a formal judgment 
of guilt entered by a court. If adjudication of guilt has been 
withheld, a judgment is nevertheless considered a conviction if 
(1) the judge or jury has found the alien guilty or the alien 
has pleaded guilty or nolo contendere; (2) the judge has 
imposed some form of punishment or restraint on liberty; and 
(3) a judgment of guilt may be imposed without further 
proceedings on guilt or innocence of the original charge if the 
alien violates the term of probation or otherwise fails to 
comply with the court's order.

Sec. 352--Immigration judges and compensation

    Subsection (a) amends paragraph (4) of section 101(b) to 
replace the definition of ``special inquiry officer'' with a 
definition of ``immigration judge:'' an attorney designated by 
the Attorney General as an administrative judge within the 
Executive Order for Immigration Review to conduct proceedings, 
including proceedings under section 240.
    Subsection (b) substitutes the term ``immigration judge'' 
for ``special inquiry officer'' wherever it appears in the INA.
    Subsection (c) establishes a four-level pay scale for 
immigration judges, beginning at 70 percent and reaching 92 
percent of the next to highest rate of basic pay for the Senior 
Executive Service.

Sec. 353--Rescission of lawful permanent resident status

    This section amends section 246(a) of the INA to clarify 
that the Attorney General is not required to rescind the lawful 
permanent resident status of a deportable alien separate and 
apart from the removal proceeding under section 240.

Sec. 354--Civil penalties for failure to depart

    This section adds a new section 274D to the INA, providing 
that aliens under an order of removal who willfully fail to 
depart or to take actions necessary to permit departure (e.g., 
apply for travel documents) to a $500 penalty for each day in 
violation. This section would not diminish the criminal 
penalties at section 243(a) (for failure to depart) or at any 
other section of the INA.

Sec. 355--Clarification of district court jurisdiction

    This section clarifies that the grant of jurisdiction under 
section 279 of the INA is to permit the Government to institute 
lawsuits for enforcement of provisions of the INA, not for 
private parties to sue the Government. This has no effect on 
other statutory or constitutional grounds for private suits 
against the Government.

Sec. 356--Use of retired Federal employees for Institutional Hearing 
        Program

    This section permits the hiring of retired military or 
Federal civilian employees, with no reduction in retirement pay 
or annuity, for not longer than 24 months to perform duties in 
connection with the Institutional Hearing Program for removal 
of criminal aliens from the United States.

Sec. 357--Enhanced penalties for failure to depart, illegal reentry, 
        and passport and visa fraud

    This section instructs the Sentencing Commission to 
promptly promulgate amendments to the sentencing guidelines to 
reflect the amendments made in section 130001 and 130009 of the 
Violent Crime Control and Law Enforcement Act of 1994.

Sec. 358--Authorization of additional funds for removal of aliens

    This section authorizes to be appropriated beginning in 
fiscal year 1996 the sum of $150,000,000 for costs associated 
with the removal of inadmissible or deportable aliens, 
including costs of detention of such aliens pending their 
removal. This section is intended to authorize sufficient funds 
in fiscal year 1996 for the hiring of 475 detention and 
deportation officers and support personnel and 475 
investigators and support personnel.

Sec. 359--Application of additional civil penalties to enforcement

    This section amends section 280(b) to provide for 
establishment of the ``Immigration Enforcement Account,'' into 
which shall be deposited the civil penalties collected under 
sections 240B(d), 274C, 274D, and 275(b), as amended by this 
bill. The collected funds shall be used for specified 
immigration enforcement purposes.

Sec. 360--Prisoner transfer treaties

    This section advises the President to negotiate and 
renegotiate bilateral prisoner transfer treaties to expedite 
the transfer to their countries of nationality of aliens 
unlawfully in the United States who are subject to 
incarceration. The negotiations are to ensure that a 
transferred prisoner serves the balance of the sentence imposed 
by the United States, and to eliminate any requirement of 
prisoner consent to such transfer. The President shall submit 
an annual certification to Congress on whether each prisoner 
transfer treaty in force is effective in returning criminal 
aliens to their countries of nationality.

Sec. 361--Criminal alien identification system

    Subsection (a) amends section 130002(a) of the Violent 
Crimes Control and Law Enforcement Act of 1994 to require that 
the criminal alien identification system be used to assist 
Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be removable on account 
of criminal or other grounds. The system shall provide for 
recording of fingerprints of aliens previously arrested and 
removed.
    Subsection (b) provides that at the request of a governor 
of a State, the INS shall provide assistance in the 
identification of aliens unlawfully present in the United 
States.

Sec. 362--Waiver of exclusion and deportation ground for certain 
        section 274C violations

    Subsection (a) of this section amends subparagraph 
212(a)(6)(F) and adds a new paragraph 212(d)(12), to provide 
that an alien who is inadmissible for having been in violation 
of section 274C (civil document fraud) may have the ground of 
inadmissibility waived if the alien is a lawful permanent 
resident or an alien seeking admission and a family-sponsored 
or employment-based immigrant, and the violation was committed 
solely to assist the alien's spouse, parent, son, or daughter 
(and not another individual).
    Subsection (b) amends subparagraph 241(a)(3)(C) (prior to 
redesignation as section 237(a)(3)(C)) to provide a similar 
waiver for an alien who is deportable due to a section 274C 
violation.

Sec. 363--Authorizing registration of aliens on criminal probation or 
        criminal parole

    This section amends section 263(a) to authorize the 
registration by the Attorney General of aliens who are or who 
have been on criminal probation or criminal parole within the 
U.S.

Sec. 364--Confidentiality provision for certain alien battered spouses 
        and children

    This section provides that the Attorney General shall not 
make an adverse determination of admissibility or deportability 
against an alien or an alien's child using information 
furnished solely by certain individuals who have battered or 
subjected to extreme cruelty that alien or that alien's child, 
unless the alien has been convicted of a crime identified in 
redesignated section 237(a)(2). Neither shall the Attorney 
General permit use by, or disclosure to (other than to an 
officer of the Department of Justice for official and certain 
other designated purposes) any information that relates to an 
alien who is the beneficiary of an application for relief 
(which has not been denied) under section 204(a)(1)(B) (self-
petition for immigrant visa by alien who has been battered or 
subject to extreme cruelty), section 216(c)(4)(C) (hardship 
waiver allowing removal of conditional permanent resident 
status based on qualifying marriage because alien spouse or 
child has been subject to battery or extreme cruelty), or 
section 244(a)(3) (suspension of deportation for alien spouse 
or child who has been subject to battery or extreme cruelty). 
(This prohibition also should extend to applications for 
cancellation of removal under new section 240A(b)(2)). 
Penalties are established for violations.

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Sec. 401--Strengthened enforcement of the employer sanctions provisions

    This section requires that the number of full-time INS 
Investigators be increased by 350 and that the new agents be 
assigned to investigate violations of the employer sanctions 
provisions of the INA.

Sec. 402--Strengthened enforcement of wage and hour laws

    This section requires the number of full-time Department of 
Labor Wage and Hour Division employees to be increased by 150 
and that the new agents be assigned to investigate violations 
in areas where there are high concentrations of undocumented 
aliens.

Sec. 403--Changes in the employer sanctions program

    Subsection (a) amends section 274A(b)(1)(B) of the INA to 
strike clauses (ii) through (iv). This eliminates three 
categories of documents that now can be used to establish both 
employment authorization and identity: certificate of 
citizenship, certificate of naturalization, and unexpired 
foreign passport stamped by Attorney General with employment 
authorization. After this amendment, only a United States 
passport, alien registration card, or other employment 
authorization document issued by Attorney General would be 
acceptable to establish both identity and work authorization.
    Subsection (a) also amends section 274A(b)(1)(C) of the INA 
to eliminate a birth certificate as a document that can be used 
to establish work authorization. Only a social security card 
would be acceptable for this purpose. Subsection (a) also 
amends section 274A(b)(2) to require that an individual being 
hired provide his or her social security number on the 
employment verification attestation form.
    Subsection (b) (``Employment Eligibility Confirmation 
Process'') amends subsections (a) and (b) of section 274A to 
require the development and use, on a pilot basis, of an 
employment eligibility confirmation mechanism.
    Section 274A(a)(3) currently provides a defense against 
liability for hiring an unauthorized alien if the employer has 
complied in good faith with the document-based employment 
verification system in section 274A(b). Under this subsection, 
section 274A(a)(3) is amended to state that if an employer who 
(1) employs more than 3 employees and (2) is subject to the 
pilot program in 274A(b)(7) does not obtain appropriate 
confirmation through the new mechanism of the identity, social 
security number, and work eligibility of an individual through 
this process, this defense does not apply. To preserve the 
defense, an employer must make an inquiry through the mechanism 
within 3 working days after the date of hiring, unless the 
confirmation mechanism has registered that not all inquiries 
were responded to during that time, in which case the inquiry 
can be made on the first subsequent working day in which the 
confirmation mechanism is responding to all inquiries. The 
employer also must receive a confirmation within a time to be 
specified in regulations by the Attorney General (but not to 
exceed 10 working days), in order to preserve the defense.
    Section 274A(b)(3) currently provides that the employer 
must retain for a period of 3 years the verification form 
completed by the employee. This subsection amends section 
274A(b)(3) to incorporate the requirements in amended section 
274A(a)(3) regarding use of the confirmation mechanism to 
verify the accuracy of information provided on the form, and to 
require that the employer retain both the verification form as 
well as the receipt of confirmation for at least 3 years after 
the date of hiring, recruiting, or referral of the employee. It 
will be unlawful for an employer with more than 3 employees to 
hire an individual without complying with the new confirmation 
mechanism set out in section 274A(b)(3).
    Section 274A(b)(6) is amended to require the Attorney 
General (or a designee that may include a private entity) to 
respond to inquiries by employers, through a toll-free 
telephone line or other electronic media, in the form of a 
confirmation code signifying whether or not an individual is 
authorized to be employed. The Attorney General shall establish 
expedited procedures to confirm the validity of information 
used under the confirmation mechanism in cases in which 
confirmation is sought but not provided by the mechanism. The 
confirmation mechanism shall be designed to maximize the 
reliability and ease of use of the confirmation process 
consistent with protecting the privacy and security of the 
underlying information, and to register all times when the 
system is not able to respond to all inquiries on whether 
individuals are authorized to be employed. The mechanism shall 
compare the name and social security account number and, in 
certain instances, the alien identification number, supplied by 
the new employee against records of the Social Security 
Administration and the INS to determine the validity of the 
information provided and whether or not the individual has 
presented a social security number or an alien number that is 
not valid for employment. The Attorney General shall provide a 
confirmation or tentative nonconfirmation within 3 working days 
of the initial inquiry. The Attorney General, in consultation 
with the Commissioner of Social Security and the Commissioner 
of INS, shall designate an expedited time period (not to exceed 
10 days) within which final confirmation or denial must be 
provided through the confirmation mechanism. No social security 
information may be disclosed or released.
    No individual shall be denied employment because of 
inaccurate or inaccessible data in the confirmation mechanism, 
and the Attorney General shall provide a timely and accessible 
process for challenging failures to confirm eligibility for 
employment. If an individual would not have been dismissed from 
a job but for an error of the confirmation mechanism, the 
individual is entitled to compensation through the mechanism of 
the Federal Tort Claims Act. The Attorney General also shall 
implement a program of testers and investigative activities to 
monitor and prevent unlawful discrimination through use of the 
mechanism. No person shall be civilly or criminally liable for 
any action taken in good faith reliance on information provided 
through the confirmation mechanism.
    A new section 274A(b)(7) is added to require that the new 
requirements for employers added in subsection (b) shall only 
be implemented (and tested for reliability and ease of use) 
through pilot projects in at least 5 of the 7 States with the 
highest estimated population of unauthorized aliens. The pilot 
projects shall be started within 6 months of the date of 
enactment, and shall terminate by no later than October 1, 
1999. The confirmation mechanism shall not be established in 
other States unless Congress so provides by law. The Attorney 
General shall issue annual reports, beginning in 1997, on the 
development and implementation of the mechanism in the pilot 
states. The reports may include information on whether the 
mechanism: is reliable and easy to use; limits to less than 1 
percent job loss due to inaccurate information; increases or 
decreases discrimination; protects individual privacy; and 
burdens employers with costs or administrative requirements.
    Subsection (c) amends section 274A(a) by adding a new 
paragraph (6), to reduce paperwork requirements for the 
subsequent employers of certain employees whose eligibility to 
work has been confirmed by a prior employer. This provision 
applies in the case of an individual who is employed under a 
collective bargaining agreement entered into with an 
association of two or more employers, whose prior employer has 
complied with the employment verification process, and whose 
subsequent employer is a member of the same multi-employer 
association. The period during which this deeming can take 
place is up to 5 years in the case of a United States national 
or an alien lawfully admitted for permanent residence, and 3 
years in the case of any other individual.
    If an employer who has taken advantage of this provision is 
found to have hired an unauthorized alien, that hiring shall be 
presumed to be a knowing hire in violation of section 274A(a). 
The employer may rebut the presumption by presentation of clear 
and convincing evidence.
    Subsection (d) strikes subsection (i) through (n) of 
section 274A, which are dated provisions.
    Subsection (e) sets forth effective dates for the 
amendments made by this section. In general, the amendments 
shall be effective not later than 180 days after the date of 
enactment. The amendments made in subsections (a)(1) and (a)(2) 
(regarding reductions in the number of documents that may be 
presented by new employees) shall be effective not later than 
18 months after enactment. The amendments made in subsection 
(c) (paperwork reduction) shall apply to all individuals hired 
on or after 60 days after enactment.
    In addition, the Attorney General shall within 180 days of 
enactment issue regulations which provide for electronic 
storage of the I-9 form, in satisfaction of the record 
retention requirements in section 274A(b)(3).

Sec. 404--Reports on earnings of aliens not authorized to work

    This section revises section 290(c) of the INA to require 
that the Social Security Administration (SSA) report to 
Congress on the number of social security numbers issued to 
aliens not authorized to be employed in the United States for 
which earnings were reported to the SSA. After January 1, 1996, 
if earnings are reported to the SSA for any such social 
security account number, the SSA shall report to the Attorney 
General the name and address of the person for whom the 
earnings were reported and the name and address of the person 
(employer) reporting the earnings.

Sec. 405--Authorizing maintenance of certain information on aliens

    This section amends section 264 of the INA to clarify that 
the Attorney General may require any alien to provide his or 
her social security number to include in any record of the 
alien.

Sec. 406--Limiting liability for certain technical violations of 
        paperwork requirements

    This section amends section 274A(e)(1) to provide that an 
employer shall not be considered to have been in violation of 
the verification requirements based upon a technical or 
procedural failure to meet a requirement unless the INS has 
explained the basis for the failure and given the employer 10 
business days to correct it, and the employer has not corrected 
the failure during that period.

Sec. 407--Unfair immigration-related employment practices

    Subsection (a) amends section 274B(g)(2) to require that 
employers subject to a final order for an immigration-related 
unfair employment practice be ordered to retain records for 
each person applying for employment for a period up to 3 years 
and be fined not less than $250 nor more than $2000 for each 
individual discriminated against.
    Subsection (b) amends section 274B(a)(6) by providing that 
in the case of an employee who has presented a time-limited 
work authorization document to satisfy section 274A(b)(1), an 
employer may request a document proving that employment 
authorization has been renewed. The amendment also provides 
that if the employer has reason to believe that an alien who 
has presented a document valid on its face is nevertheless an 
unauthorized alien, the employer may inform the employee of the 
questions regarding the document's validity and the employer's 
intention to verify its validity. If the verification confirms 
that the employee is unauthorized to work, the employee may be 
discharged with no benefits or rights accruing on the basis of 
the period employed.

              TITLE V--REFORM OF LEGAL IMMIGRATION SYSTEM

Sec. 500--Overview of new legal immigration system

    This section provides an overview of the legal immigration 
system that will be in effect beginning with fiscal year 1997.

                 Subtitle A--Worldwide Numerical Limits

Sec. 501--Worldwide numerical limitation on family-sponsored immigrants

     This section amends section 201(c) to provide for a 
worldwide level for family-sponsored immigrants of 330,000. 
This level is to be reduced (but not below 110,000) for each 
fiscal year by the number of spouses and children of citizens 
admitted as immigrants in the previous fiscal year. There will 
be no limit on admission of spouses and children of citizens. 
The number of visas available to spouses and children of lawful 
permanent residents would not go below 85,000, and the number 
for parents of United States citizens would not go below 
25,000. Any excess in family immigration above 330,000 would 
come from other unused immigrant visas.
     Reductions for excess family-based admissions would be 
computed in the following manner. The number of excess family 
admiss